72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 493
(Including Amendments to Resolve Conflicts)
C-Engrossed
Senate Bill 139
Ordered by the House August 27
Including Senate Amendments dated August 5 and August 12 and
House
Amendments dated August 27
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Secretary of State Bill
Bradbury)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Establishes Voters' Pamphlet Operating Account. Specifies that
moneys received by Secretary of State as voters' pamphlet fees be
deposited in account. Appropriates money in account to Secretary
of State for voters' pamphlet purposes.
{ - Modifies list of materials to be included in state
voters' pamphlet. Directs Secretary of State to make certain
information available in electronic format and upon request. - }
{ - Modifies fees for submission of materials for inclusion
in state voters' pamphlet. - }
{ - Directs Secretary of State to set size and format
requirements by rule for certain materials submitted for
inclusion in state voters' pamphlet. - }
{ + Revises provisions relating to state voters' pamphlet.
Revises election law.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
8.620, 44.510, 180.030, 204.005, 236.325, 246.179, 246.310,
246.910, 249.002, 249.037, 249.720, 249.722, 249.865, 250.041,
250.067, 250.168, 250.175, 250.270, 250.275, 251.012, 251.016,
251.026, 251.067, 251.095, 251.115, 251.185, 251.245, 251.255,
251.265, 251.285, 251.325, 251.355, 254.085, 254.125, 254.135,
254.462, 254.470, 254.482, 254.515, 254.545, 254.546, 255.140,
255.145, 260.039, 260.042, 260.045, 260.058, 260.063, 260.068,
260.073, 260.076, 260.078, 260.083, 260.085, 260.102, 260.112,
260.118, 260.156, 260.205, 260.232, 260.255, 260.735, 260.993
and 260.995 and section 8, chapter 824, Oregon Laws 1999, and
sections 3, 4 and 5, chapter ___, Oregon Laws 2003 (Enrolled
House Bill 2825); repealing ORS 249.015, 251.069, 260.174,
260.605, 260.615, 260.625, 260.655 and 260.718; appropriating
money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 251.012 is amended to read:
251.012. { - The Secretary of State by rule shall prescribe
the size, format and method of distribution of any state voters'
pamphlet, subject to the limits described in this chapter. - }
{ + (1) Subject to the limits described in this chapter, the
Secretary of State by rule shall prescribe the size, format and
method of distribution of any state voters' pamphlet.
(2) Not later than the 20th day before each election for which
a state voters' pamphlet is prepared, the Secretary of State
shall make the following information available in an electronic
format:
(a) All material included in the voters' pamphlet;
(b) The full text of all state measures to be voted upon at the
election for which the voters' pamphlet is prepared; and
(c) Maps showing the boundaries of congressional districts,
state senatorial and representative districts and metropolitan
service districts. Maps of a metropolitan service district must
illustrate the boundaries of each subdistrict within the
district. Maps of an electoral district must be made available
under this paragraph only if material of a candidate for
nomination or election to an office of the electoral district is
included in the printed state voters' pamphlet.
(3) For each election for which a state voters' pamphlet is
prepared, the Secretary of State, upon request, shall provide to
an elector:
(a) The full text of a state measure to be voted upon at the
election for which the voters' pamphlet is prepared; and
(b) A map showing the boundaries of a congressional district,
state senatorial and representative district or metropolitan
service district. A map of a metropolitan service district must
illustrate the boundaries of each subdistrict within the
district. A map of an electoral district must be provided under
this paragraph only if material of a candidate for nomination or
election to an office of the electoral district is included in
the printed state voters' pamphlet.
(4) For the primary election, the Secretary of State shall make
available in an electronic format, and provide to an elector upon
request, a statement of the duties and responsibilities of a
precinct committeeperson to be elected at the primary election.
The statement shall be made available and provided only if the
statement is filed with the secretary by a major political party
not later than the 68th day before the primary election. The
secretary shall make the statement available in an electronic
format not later than the 20th day before the date of the primary
election. + }
SECTION 2. ORS 251.026 is amended to read:
251.026. { - (1) - } The Secretary of State shall prepare
and have printed in the voters' pamphlet for the state primary
election, the general election and any special election described
in ORS 251.022 a statement containing, if applicable:
{ - (a) - } { + (1) + } Requirements for a citizen to
qualify as an elector.
{ - (b) - } { + (2) + } When an elector is required to
register or update a registration.
{ - (c) In the voters' pamphlet for the primary election, a
statement of the duties and responsibilities of a precinct
committeeperson to be elected at the primary election. - }
{ - (d) - } { + (3) + } Any other information the Secretary
of State considers relevant to the conduct of the election.
{ - (2) The Secretary of State shall include a statement on
the cover of the voters' pamphlet that the pamphlet may be used
to assist electors in voting. - }
{ - (3) The Secretary of State may include in the voters'
pamphlet the following information: - }
{ - (a) Maps showing the boundaries of senatorial and
representative districts. - }
{ - (b) Voter registration forms. - }
{ - (c) Elector instructions, including the right of an
elector to request a second ballot if the first ballot is spoiled
and the right of an elector to seek assistance in marking the
ballot. - }
SECTION 3. ORS 251.067 is amended to read:
251.067. (1) A candidate or agent on behalf of the candidate
for nomination or election to any county or city office, or to an
elected office of a metropolitan service district organized under
ORS chapter 268, may file a portrait or statement for inclusion
in the state voters' pamphlet under ORS 251.065 if a county
voters' pamphlet described in ORS 251.305 to 251.435 is not
prepared for the election in each county in which the electoral
district of the candidate is located.
(2) { + The text of + } a county measure or a measure of a
metropolitan service district organized under ORS chapter 268,
and the ballot title, explanatory statement and arguments
relating to the measure, shall be included in the state voters'
pamphlet as provided in ORS 251.285, if a county voters' pamphlet
described in ORS 251.305 to 251.435 is not prepared:
(a) For the election on the county measure; or
(b) In each county in which the metropolitan service district
is located, for the election on the metropolitan service district
measure.
(3) If a county voters' pamphlet described in ORS 251.305 to
251.435 is prepared for an election at which a candidate for
nomination or election to any county or city office, or to an
elected office of a metropolitan service district organized under
ORS chapter 268, is listed on the ballot, or at which a county
measure or a measure of a metropolitan service district organized
under ORS chapter 268 is listed on the ballot, the county voters'
pamphlet shall include the county or city office, the office of
the metropolitan service district or the county measure or
measure of the metropolitan service district. Such offices and
{ + the text, ballot titles, explanatory statements and
arguments relating to the + } measures { - shall - }
{ + may + } not be included in any state voters' pamphlet
prepared for the election and distributed in the county for which
the county voters' pamphlet is prepared.
(4) If a city or metropolitan service district organized under
ORS chapter 268 is located in more than one county, and a county
in which the city or metropolitan service district is located
does not prepare a county voters' pamphlet described in ORS
251.305 to 251.435 for the election, candidates for nomination or
election to any city office or an elected office of the
metropolitan service district, and { + the text, ballot title,
explanatory statement and arguments relating to + } any measure
of the metropolitan service district, shall be included in the
state voters' pamphlet to be distributed to the county that does
not prepare a county voters' pamphlet. The Secretary of State
shall designate the candidates and measures { - that may - }
{ + for which material may + }be included in the state voters'
pamphlet under this subsection.
SECTION 4. ORS 251.095 is amended to read:
251.095. (1) At the time materials are filed under ORS 251.065,
each candidate for nomination or election to { - any of the
following offices - } { + an office listed in this
subsection + } shall pay to the Secretary of State { - the
following - } { + a + } fee for space in the voters'
pamphlet { + . The fee shall be + }:
{ + (a) For the primary or any special election: + }
{ - (a) - } { + (A) + } President or Vice President of the
United States, United States Senator, Representative in Congress
or any state office to be voted for in the state at large,
$1,000.
{ - (b) - } { + (B) + } State Senator, state Representative
or any other office, $300.
{ + (b) For the general election:
(A) President or Vice President of the United States, $10,000;
(B) United States Senator or any state office to be voted for
in the state at large, $7,000;
(C) Representative in Congress, $4,000;
(D) State Senator, $2,000; or
(E) State Representative or any other office, $1,000. + }
(2) The space allotted to each candidate shall be used for
materials filed under ORS 251.065, including the portrait and
statement of reasons the candidate should be nominated or elected
and the information required under ORS 251.085. If a portrait is
not filed, the statement may cover the entire allotted space.
{ - The length of the statement shall not exceed 325 words. - }
All materials submitted by a candidate under ORS 251.065 shall
fit within { - 30 - } { + 15 + } square inches of space { +
in accordance with rules adopted by the Secretary of State under
ORS 251.012 + }. All candidates shall be allowed the same amount
of space.
SECTION 5. ORS 251.115 is amended to read:
251.115. (1) Not later than the 70th day before the general
election, the party officers as designated in the organizational
documents of any statewide political party or assembly of
electors having nominated candidates may file with the Secretary
of State a printed or typewritten statement of arguments for the
success of its principles and election of its candidates on a
statewide basis and opposing the principles and candidates of
other political parties or organizations on a statewide basis.
(2) Not later than the 70th day before the general election,
the party officers as designated in the organizational documents
of any less than statewide political party or assembly of
electors having nominated candidates may file with the Secretary
of State a typewritten statement of arguments for the success of
its principles and election of its candidates on a county basis
and opposing the principles and candidates of other political
parties or organizations on a county basis.
(3) The size of the statements permitted under this section
{ - shall - } { + may + } not exceed 60 square inches for any
statewide political party or assembly of electors having
nominated candidates and 30 square inches for any less than
statewide political party or assembly of electors having
nominated candidates. The fee for a statement filed under this
section shall be { - $600 - } { + $3,000 + } for any
statewide political party or assembly of electors having
nominated candidates and { - $300 - } { + $1,500 + } for any
less than statewide political party or assembly of electors
having nominated candidates.
SECTION 6. ORS 251.185 is amended to read:
251.185. (1) The Secretary of State shall have printed in the
voters' pamphlet for a general election or any special election
{ - a copy of the title and text of - } { + the following
information for + } each state measure to be submitted to the
people at the election for which the pamphlet was prepared { - .
Each measure shall be printed in the pamphlet with the number,
ballot title and the financial estimates under ORS 250.125, if
any, to be printed on the official ballot, and with the
explanatory statement and arguments relating to it - } { + :
(a) The number, text and ballot title of the measure;
(b) The financial estimates prepared for the measure under ORS
250.125, if any;
(c) The explanatory statement prepared for the measure; and
(d) Arguments relating to the measure and filed with the
Secretary of State + }.
(2) { - A county measure or measure of a metropolitan service
district organized under ORS chapter 268, and ballot title,
explanatory statement and arguments relating to the measure,
filed by the county or metropolitan service district under ORS
251.285 shall be included in the voters' pamphlet described in
subsection (1) of this section if required under ORS 251.067. - }
{ + If required under ORS 251.067 and filed under ORS 251.285,
the Secretary of State shall have printed in the voters' pamphlet
described in subsection (1) of this section the text, ballot
title, explanatory statement and arguments relating to a county
measure or measure of a metropolitan service district. + }
SECTION 7. ORS 251.245 is amended to read:
251.245. (1) For any measure referred to the electors by the
Legislative Assembly, an argument prepared by the Legislative
Assembly in support of the measure may be printed in the voters'
pamphlet. { + The Secretary of State by rule shall set + } the
size and length of an argument { + filed + } under this section
{ - shall be determined as specified in ORS 251.255 - } .
{ + The size and length of an argument filed under this section
may not exceed 30 square inches or 325 words. + }
(2) A joint committee consisting of one Senator, to be
appointed by the President of the Senate, and two
Representatives, to be appointed by the Speaker of the House of
Representatives, shall be appointed to prepare the argument. The
committee shall file the argument with the Secretary of State not
later than the 70th day before a general election or the 68th day
before a special election held on the date of any primary
election. There shall be no fee for including an argument
submitted under this section in the voters' pamphlet.
SECTION 8. ORS 251.255 is amended to read:
251.255. (1) Not later than the 70th day before a general
election or the 68th day before a special election held on the
date of any primary election at which a { - statewide - }
{ + state + } measure is to be voted upon, any person may file
with the Secretary of State a printed or typewritten argument
supporting or opposing the measure.
(2) A person filing an argument under this section shall pay a
fee { - of $500 - } to the Secretary of State when the
argument is filed or may submit a petition in a form prescribed
by the Secretary of State containing the { + appropriate number
of + } signatures of { - 1,000 - } electors eligible to vote
on the measure. Each person signing the petition shall subscribe
to a statement that the person has read and agrees with the
argument. The signatures on each petition shall be certified by
the county clerk in the manner provided in ORS 249.008. The
petition shall be filed with the Secretary of State.
{ - (3) The Secretary of State by rule shall establish the
size and length of arguments permitted under ORS 251.245 and this
section. The size and length of an argument shall not exceed 30
square inches or 325 words. The size and length limitations shall
be the same for arguments submitted under ORS 251.245 or this
section. - }
{ + (3) The fee or number of signatures of electors required
under subsection (2) of this section shall be as follows:
(a) For an argument not exceeding six square inches, $500 or
1,000 signatures;
(b) For an argument exceeding six square inches but not
exceeding 12 square inches, $1,000 or 2,000 signatures;
(c) For an argument exceeding 12 square inches but not
exceeding 18 square inches, $1,500 or 3,000 signatures;
(d) For an argument exceeding 18 square inches but not
exceeding 24 square inches, $2,000 or 4,000 signatures; and
(e) For an argument exceeding 24 square inches but not
exceeding 30 square inches, $2,500 or 5,000 signatures.
(4) The maximum number of words that may be contained in an
argument filed under this section shall be determined in
accordance with rules adopted by the Secretary of State under ORS
251.012. + }
SECTION 9. ORS 251.265 is amended to read:
251.265. { + (1) + } The Secretary of State shall include in
the voters' pamphlet on the page of the printed argument
{ - on - } { + relating to + } a measure { + :
(a) + } The name of the person who submitted the argument
{ - , - } { + ;
(b) + } The name of the organization the person represents, if
any { - , - } { + ; and
(c) + } Whether the argument supports or opposes the measure
{ - , and - } { + .
(2) The Secretary of State shall include in the voters'
pamphlet + }a disclaimer in substantially the following form:
_________________________________________________________________
The printing of { - this argument - } { + arguments in the
voters' pamphlet + } does not constitute an endorsement by the
State of Oregon, nor does the state warrant the accuracy or truth
of any statement made in { - the - } { + any + } argument.
_________________________________________________________________
SECTION 10. ORS 251.285 is amended to read:
251.285. (1) If { + the text of + } any county measure or any
measure of a metropolitan service district organized under ORS
chapter 268, and the ballot title, explanatory statement and
arguments relating to the measure, are to be included by the
Secretary of State in the state voters' pamphlet as provided in
ORS 251.067, the requirements of this section shall be satisfied.
(2) The { - county or district - } measure { + text + },
ballot title, explanatory statement and arguments { - shall - }
{ + may + } not be printed in the voters' pamphlet unless:
(a) The ballot title is a concise and impartial statement of
the purpose of the measure;
(b) The explanatory statement is an impartial, simple and
understandable statement explaining the measure and its effect;
(c) The county or metropolitan service district adopts and
complies with an ordinance that provides a review procedure for a
ballot title or explanatory statement which is contested because
it does not comply with the requirements of paragraph (a) or (b)
of this subsection;
(d) The county or metropolitan service district adopts and
complies with an ordinance that provides for acceptance of
typewritten arguments relating to the measure to be printed on
{ - 30 - } { + 12 + } square inches of the voters' pamphlet;
and
(e) The county or metropolitan service district does not
require of a person filing an argument a payment of more than
$300, or a petition containing more than a number of signatures
equal to 1,000 electors eligible to vote on the measure or 10
percent of the total of such electors, whichever is less.
(3) Any judicial review of a determination made under the
review procedures adopted under subsection (2)(c) of this section
shall be first and finally in the circuit court of the judicial
district in which the county is located or, for a district
measure, in the circuit court of the judicial district in which
the administrative office of the metropolitan service district is
located.
(4) If the county or metropolitan service district has adopted
and complied with ordinances prescribed in subsection (2) of this
section, the decision to include the { - county or district - }
measure { + text + }, ballot title, explanatory statement and
arguments in the voters' pamphlet shall be made by:
(a) The county governing body with regard to any county measure
or the council of the metropolitan service district with regard
to any district measure;
(b) The chief petitioners of the initiative or referendum with
regard to a county or district measure initiated or referred by
the people. The chief petitioners shall indicate their decision
in a statement signed by all of the chief petitioners and filed
with the county clerk or, for a district measure, with the
executive officer of the metropolitan service district; or
(c) A political committee, as defined in ORS 260.005, that
opposes the county or district measure. The committee shall
indicate its decision in a statement signed by every committee
director, as defined in ORS 260.005, and filed with the county
clerk or, for a district measure, with the executive officer of
the metropolitan service district.
(5) The county or metropolitan service district shall file the
measure { + text + }, ballot title, explanatory statement and
arguments with the Secretary of State not later than the 70th day
before the general election or the 68th day before a special
election held on the date of any primary election. The county or
district shall pay to the Secretary of State the cost of
including the county or district material in the pamphlet as
determined by the secretary. The Secretary of State
{ - shall - } { + may + } not have this material printed in
the pamphlet unless:
(a) The time for filing a petition for judicial review of a
determination made under subsection (2)(c) of this section has
passed; and
(b) The measure { + text + }, title, statement and
arguments { + , + } properly filed with the county or
metropolitan service district, are delivered to the secretary.
SECTION 11. ORS 251.325 is amended to read:
251.325. (1) The Secretary of State by rule shall adopt a
schedule and procedures for preparing, printing and distributing
county voters' pamphlets. The schedule and procedures shall
include but not be limited to { + :
(a) + } Deadlines for filing material for the voters' pamphlet
{ - , and except as otherwise provided by law, - } { + ;
(b) + } The { + size and + } format of material to be
submitted { + , including candidate statements and measure
arguments; + } and
{ + (c) + } The size and other requirements applicable to
candidate portraits.
(2) The Secretary of State by rule shall adopt a schedule of
fees to be charged by the county clerks for including portraits
of candidates, statements and arguments in the voters' pamphlet.
The fees need not reflect the actual cost of producing the
voters' pamphlet. The county clerk shall refund the filing fee to
any person who applies for the refund not later than the last day
for filing material for inclusion in the voters' pamphlet. When a
refund is made, the material for which the fee was paid
{ - shall - } { + may + } not be included in the pamphlet.
SECTION 12. ORS 251.355 is amended to read:
251.355. (1) Not later than the date specified by the Secretary
of State by rule, in a county that prepares a county voters'
pamphlet, any person may file with the county clerk a typewritten
argument supporting or opposing any measure to be submitted to
the voters { - on the ballot - } { + at the election for
which the pamphlet is prepared + }.
{ + (2) + } The county clerk { - shall - } { + may + }
not accept { - any - } arguments
{ - which - } { + that + } are not accompanied by the fee
established by the Secretary of State or a petition in a form
prescribed by the Secretary of State. A petition shall contain
the signatures of at least four percent of the electors in the
county eligible to vote on the measure to which the argument
refers, or the signatures of 1,000 electors in the county
eligible to vote on the measure to which the argument refers,
whichever is less. The number of registered electors in an
electoral district, for the purposes of this section, shall be
calculated on January 1 of each year. Each person signing the
petition shall subscribe to a statement that the person has read
and agrees with the argument. The signatures on each petition
shall be certified by the county clerk in the manner provided in
ORS 249.008. The petition shall be filed with the county clerk.
{ - (2) - } { + (3) + } The county clerk shall include in
the county voters' pamphlet, on the page of the printed argument
{ - , - } { + relating to a measure:
(a) + } The name of the person who submitted the argument
{ - , - } { + ;
(b) + } The name of the organization the person represents, if
any { - , - } { + ; and
(c) + } Whether the argument supports or opposes the measure
{ - and - } { + .
(4) The county clerk shall include in the county voters'
pamphlet + }a disclaimer { + stating + } that the
{ - argument - } { + printing of arguments in the county
voters' pamphlet + } does not constitute an
{ - indorsement - } { + endorsement + } by the county and
that the county does not warrant the accuracy or truth of any
statement made in { - the - } { + any + } argument.
SECTION 13. { + Section 14 of this 2003 Act is added to and
made a part of ORS chapter 246. + }
SECTION 14. { + (1) The Voters' Pamphlet Operating Account is
established separate and distinct from the General Fund of the
State Treasury.
(2) All moneys received by the Secretary of State under ORS
chapter 251, after deduction of refunds, shall be paid over to
the State Treasurer and deposited at least monthly in the Voters'
Pamphlet Operating Account.
(3) Moneys deposited to the credit of the Voters' Pamphlet
Operating Account are continuously appropriated to the Secretary
of State for the purpose of paying the expenses of carrying out
the functions and duties of the Secretary of State relating to
voters' pamphlets under ORS chapter 251. + }
SECTION 15. ORS 251.016 is amended to read:
251.016. The Secretary of State shall pay fees received under
this chapter into the { - General Fund - } { + Voters'
Pamphlet Operating Account established under section 14 of this
2003 Act + }.
SECTION 16. ORS 246.179 is amended to read:
246.179. (1) Notwithstanding ORS 246.250, the Secretary of
State shall reimburse each county clerk for necessary expenses of
an election described in subsection (2) of this section based on
a claim filed by the county clerk and approved by the Secretary
of State. The claim shall be made on a form designed by the
Secretary of State. The Secretary of State shall make the
reimbursement from funds made available to the Secretary of State
by the Emergency Board { + for the special election + }.
(2) The Secretary of State shall reimburse each county clerk
for necessary expenses of:
(a) A special primary election or a special election to fill a
vacancy in the election or office of United States Senator or
Representative in Congress held on a date other than the date of
the primary { - election - } or { - the - } general
election;
{ + (b) A special election on a state measure held on a date
other than the date of the primary or general election; + } or
{ - (b) - } { + (c) + } A recall election involving the
holder of a state office. As used in this { - subsection - }
{ + paragraph + }, 'state office ' has the meaning given that
term in ORS 249.002.
SECTION 17. ORS 260.039 is amended to read:
260.039. (1) Except as provided in ORS 260.043, a candidate who
serves as the candidate's own treasurer, or the treasurer of the
principal campaign committee, shall file a statement of
organization with the appropriate filing officer. The statement
shall include:
(a) The name, address, occupation, office sought and party
affiliation of the candidate. The address shall be the address of
a residence, office, headquarters or similar location where the
candidate may be conveniently located { - . However, a different
address may be used if the candidate first files with the filing
officer the candidate's residence address and the address
proposed to be used - } ; { + and + }
{ - (b) A statement of how the candidate or principal
campaign committee intends to solicit funds; and - }
{ - (c) - } { + (b) + } In the case of a principal campaign
committee:
(A) The name and address of the committee. The address shall be
the address of a residence, office, headquarters or similar
location where the political committee or a responsible officer
of the political committee may be conveniently located.
{ - However, a different address may be used if the officer
first files with the filing officer the officer's residence
address and the address proposed to be used. - }
(B) The name, address and occupation of the committee director
or directors, if any.
(C) The name and address of the committee treasurer.
(D) The name and address of any other political committee of
which two or more committee directors are also directors of the
committee filing the statement.
{ - (E) A statement of whether the committee presently
intends to remain in existence for more than one year. - }
(2) Except as provided in ORS 260.043, a candidate who serves
as the candidate's own treasurer shall file the statement of
organization not later than the third business day after the
candidate first receives a contribution or makes an expenditure.
The treasurer of a principal campaign committee shall file the
statement of organization not later than the date specified in
ORS 260.035.
(3) Any change in information submitted in a statement of
organization under subsection (1) of this section shall be
indicated in an amended statement of organization filed not later
than the 10th day after the change in information.
(4) Except as provided in ORS 260.043, a candidate who serves
as the candidate's own treasurer or the treasurer of the
principal campaign committee of the candidate shall file a
statement of organization under this section not later than the
deadline for the candidate to file a nominating petition or
declaration of candidacy under ORS 249.037 or a certificate of
nomination under ORS 249.722.
(5) Except as provided in ORS 260.043, a candidate for state
office who serves as the candidate's own treasurer or the
treasurer of the principal campaign committee of a candidate for
state office shall file a new or amended statement of
organization not later than the date that the candidate files a
nominating petition, declaration of candidacy or certificate of
nomination.
SECTION 18. { + Section 19 of this 2003 Act is added to and
made a part of ORS 260.035 to 260.156. + }
SECTION 19. { + (1) A filing officer, in accordance with rules
adopted by the Secretary of State, may discontinue the statement
of organization of a candidate, principal campaign committee or
political committee if the candidate, principal campaign
committee or political committee has not filed a statement of
contributions received or expenditures made under this chapter.
(2) The Secretary of State shall adopt rules prescribing
conditions and procedures under which a filing officer may
discontinue a statement of organization under this section.
(3) If a filing officer discontinues a statement of
organization under subsection (1) of this section, the filing
officer shall provide written notice to the candidate, principal
campaign committee or political committee that the statement has
been discontinued. + }
SECTION 20. ORS 260.042 is amended to read:
260.042. (1) The treasurer of a political committee shall file
a statement of organization with the appropriate filing officer.
The statement shall include:
(a) The name, address and nature of the committee. The address
shall be the address of a residence, office, headquarters or
similar location where the political committee or a responsible
officer of the political committee may be conveniently located.
{ - However, A different address may be used if the officer
first files with the filing officer the officer's residence
address and the address proposed to be used. - }
(b) The name, address and occupation of the committee director
or directors.
(c) The name and address of the committee treasurer.
(d) The name and address of any other political committee of
which two or more committee directors are also directors of the
committee filing the statement.
{ - (e) A statement of whether the committee presently
intends to remain in existence for more than one year. - }
{ - (f) - } { + (e) + } The name, office sought, and party
affiliation of each candidate whom the committee is supporting or
specifically opposing or intends to support or specifically
oppose, when known, or, if the committee is supporting or
specifically opposing all the candidates of a given party, the
name of that party.
{ - (g) - } { + (f) + } A designation of any measure which
the committee is opposing or supporting, or intends to support or
oppose.
{ - (h) A statement of how the committee intends to solicit
funds. - }
{ + (g) For a statement filed by the chief petitioner of a
recall petition, the name of the officer whose recall is
demanded. + }
(2) The statement of organization shall be filed not later than
the date specified in ORS 260.035.
(3) Any change in information submitted in a statement of
organization under subsection (1) of this section shall be
indicated in an amended statement of organization filed not later
than the 10th day after the change in information.
(4) This section does not apply to a political committee that
is a principal campaign committee or to a political committee
exclusively supporting or opposing one or more candidates for
federal or political party office.
SECTION 21. ORS 260.045 is amended to read:
260.045. (1) If a candidate or treasurer receives a
contribution of more than { - $50 - } { + $200 + } from a
political committee not in this state, the candidate or treasurer
shall file the following if required under subsection (2) of this
section:
(a) A written statement of the name, occupation and address of
each person, or the name, address and primary nature of each
political committee, who contributed more than { - $50 - }
{ + $200 + } of the contribution. The statement shall be
certified as true by an officer of the contributing political
committee. As used in this paragraph, 'address' includes street
number and name, rural route number or post-office box, and city
and state; or
(b) An affidavit that to the best of the candidate's or
treasurer's knowledge and belief the contributing political
committee will not make contributions to candidates and
treasurers in this state that exceed two-thirds, in total amount,
of all contributions made by it in this state and elsewhere
during the period described in ORS 260.058 (1), 260.063 (1),
260.068 (1) or 260.073 (1) or the period described in ORS 260.118
(4) or { - (9) - } { + (8) + } for which the statement is
filed. The affidavit shall be filed at the same time the
statement is filed regarding the contribution.
(2) The statement or affidavit described in subsection (1) of
this section shall be filed if:
(a) Requested by the Secretary of State; or
(b) The Secretary of State receives a request for the filing
from any person made not later than six months after the deadline
for filing a statement under ORS 260.058 (1), 260.063 (1),
260.068 (1), 260.073 (1) or 260.118 (4) or { - (9) - } { +
(8) + }, if a candidate or treasurer files a statement reporting
a contribution received from a political committee not in this
state.
(3) If requested under subsection (2) of this section, the
statement or affidavit described in subsection (1) of this
section shall be filed not later than 10 business days after a
candidate or treasurer receives a request from the Secretary of
State.
SECTION 22. ORS 260.058 is amended to read:
260.058. (1) Except as otherwise provided in ORS 260.112 and
subsection (3) of this section, each candidate seeking nomination
or election at the primary election or at any election other than
the general election, or a candidate's principal campaign
committee at the primary election or at any election other than
the general election, shall file the following with the filing
officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
46th day and not later than the 36th day before the date of the
election. The accounting period for the statement required by
this paragraph begins on the date that the name of a treasurer is
certified to the filing officer under ORS 260.035 or 260.037
unless a candidate or a candidate's principal campaign committee
has filed a post-election or supplemental statement of
contributions and expenditures for a previous election showing an
unexpended balance of contributions or an expenditure deficit. If
such a post-election or supplemental statement is filed, the
accounting period begins on the day following the last day of the
accounting period for the statement filed for the previous
election. If a candidate or a candidate's principal campaign
committee has filed a post-election or supplemental statement of
contributions and expenditures for a previous election showing no
balance or no deficit, the accounting period begins on the day
that the candidate or the candidate's principal campaign
committee next receives a contribution or makes an expenditure.
If the statement for a previous election shows an unexpended
balance of contributions or an expenditure deficit, the beginning
balance on the statement required by this paragraph shall be the
amount of the unexpended balance of contributions or expenditure
deficit. The accounting period for the statement required by
this paragraph ends on the 47th day before the date of the
election.
(b) A second preelection statement of contributions received
and expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
15th day and not later than the 12th day before the date of the
election. The accounting period for this statement begins on the
46th day before the date of the election and ends on the 16th day
before the date of the election.
(c) Supplements to the second preelection statement showing
contributions received and expenditures made as described in this
paragraph by or on behalf of the candidate or the candidate's
principal campaign committee. A supplement shall be filed if,
during a period described in this paragraph, the aggregate amount
of contributions, including loans, whether repaid or not,
received from a single political committee or other person
exceeds $500, or the aggregate amount of expenditures made by or
on behalf of the candidate or the candidate's principal campaign
committee to a single payee exceeds $1,000. A first supplement
shall be filed not later than the eighth day before the date of
the election for the accounting period beginning on the 15th day
before the date of the election and ending on the ninth day
before the date of the election. A second supplement shall be
filed not later than the fourth day before the date of the
election for the accounting period beginning on the eighth day
before the date of the election and ending on the fifth day
before the date of the election. The supplements shall be filed
on forms prescribed by the Secretary of State by rule. A
candidate or treasurer of the candidate's principal campaign
committee who filed a certificate under ORS 260.112 shall file
supplements under this paragraph if the aggregate amount of
contributions received or expenditures made exceeds $2,000
because of contributions received or expenditures made during a
period described in this paragraph.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
21st day and not later than the 30th day after the date of the
election. The accounting period for the statement required by
this paragraph begins on the 15th day before the date of the
election and ends on the 20th day after the date of the election.
(2) A candidate or a candidate's principal campaign committee
shall file a supplemental statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, if the post-election
statement required by subsection (1)(d) of this section shows an
unexpended balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit. The accounting period for the statement required by
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
(3) A candidate for federal office shall file statements
required by the federal election laws in lieu of the statements
required by ORS 260.035 to 260.156. { - The statements required
by federal election laws shall be filed in the office of the
Secretary of State on or before the federal filing dates. - } At
any time the Secretary of State by rule may make a determination
that the standards and requirements of the federal election laws
relating to candidates for federal office are not substantially
similar to those contained in ORS 260.035 to 260.156. If the
Secretary of State makes this determination, candidates for
federal office are subject to the requirements of ORS 260.035 to
260.156.
(4) Each statement and { - the - } { + any + } supplement
required by this section shall be signed and certified as true by
the candidate or treasurer required to file { - it - } { +
them + }.
SECTION 23. ORS 260.063 is amended to read:
260.063. (1) Except as otherwise provided in ORS 260.112, each
political committee, other than a candidate's principal campaign
committee, supporting or opposing one or more candidates or
measures at the primary election or any election other than the
general election shall file the following with each appropriate
filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 46th day and not later than the 36th day before
the date of the election. The accounting period for the statement
required by this paragraph begins on the date that the name of a
treasurer is certified to the filing officer under ORS 260.035
unless a political committee has filed a post-election or
supplemental statement of contributions and expenditures showing
an unexpended balance of contributions or an expenditure deficit
for a previous election. If such a post-election or supplemental
statement is filed, the accounting period begins on the day
following the last day of the accounting period for the statement
filed for the previous election. If a political committee has
filed a post-election or supplemental statement of contributions
and expenditures for a previous election showing no balance or no
deficit, the accounting period begins on the day that the
political committee next receives a contribution or makes an
expenditure. If the statement for a previous election shows an
unexpended balance of contributions or an expenditure deficit,
the beginning balance on the statement required by this paragraph
shall be the amount of the unexpended balance of contributions or
expenditure deficit. The accounting period for the statement
required by this paragraph ends on the 47th day before the date
of the election.
(b) A second preelection statement of contributions received
and expenditures made by or on behalf of the political committee,
not sooner than the 15th day and not later than the 12th day
before the date of the election. The accounting period for the
statement required by this paragraph begins on the 46th day
before the date of the election and ends on the 16th day before
the date of the election.
(c) Supplements to the second preelection statement showing
contributions received and expenditures made as described in this
paragraph by or on behalf of the political committee. A
supplement shall be filed if, during a period described in this
paragraph, the aggregate amount of contributions, including
loans, whether repaid or not, received from a single political
committee or other person exceeds $500, or the aggregate amount
of expenditures made by or on behalf of the political committee
to a single payee exceeds $1,000. A first supplement shall be
filed not later than the eighth day before the date of the
election for the accounting period beginning on the 15th day
before the date of the election and ending on the ninth day
before the date of the election. A second supplement shall be
filed not later than the fourth day before the date of the
election for the accounting period beginning on the eighth day
before the date of the election and ending on the fifth day
before the date of the election. The supplements shall be filed
on forms prescribed by the Secretary of State by rule. A
treasurer of a political committee who filed a certificate under
ORS 260.112 shall file supplements under this paragraph if the
aggregate amount of contributions received or expenditures made
exceeds $2,000 because of contributions received or expenditures
made during a period described in this paragraph.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 21st day and not later than the 30th day after
the date of the election. The accounting period for the statement
required by this paragraph begins on the 15th day before the date
of the election and ends on the 20th day after the date of the
election.
(2) A political committee shall file a supplemental statement
of contributions received and expenditures made by or on behalf
of the political committee, if the post-election statement
required by subsection (1)(d) of this section shows an unexpended
balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit. The accounting period for the statement required by
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
(3) A political committee shall { - prepare - }
{ + file + } one original copy of each statement required by
subsection (1) of this section
{ - and - } { + with the filing officer with whom the
political committee's statement of organization is filed. If five
percent or more of the total of contributions received and
expenditures made during an accounting period support or oppose a
candidate or measure in an electoral district for which the
filing officer is different than the filing officer with whom the
political committee's statement of organization is filed, the
political committee shall + }file a duplicate copy of the
statement { + required by subsection (1) of this section + }
with { - the - } { + that + } filing officer { - of each
candidate or measure supported or opposed by the political
committee - } . The statement and each duplicate copy shall be
signed and certified as true by the treasurer required to file
it.
(4) A political committee shall file the supplemental statement
described in subsection (2) of this section with the filing
officer with whom the political committee's statement of
organization is filed and need not file any supplemental
statement with any other filing officer. The supplemental
statement shall be signed and certified as true by the treasurer
required to file it.
SECTION 24. ORS 260.068 is amended to read:
260.068. (1) Except as otherwise provided in ORS 260.112 and
subsection (4) of this section, each candidate seeking election
at the general election or a candidate's principal campaign
committee at the general election shall file the following with
each appropriate filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
46th day and not later than the 36th day before the date of the
election. For a candidate nominated at the primary election or
for that candidate's principal campaign committee, the accounting
period for the statement required by this paragraph begins on the
21st day after the primary election. For a candidate not
nominated at the primary election or for that candidate's
principal campaign committee, the accounting period for the
statement required by this paragraph begins on the date that the
name of a treasurer is certified to the filing officer under ORS
260.035 or 260.037 unless a candidate or a candidate's principal
campaign committee has filed a post-election or supplemental
statement of contributions and expenditures showing an unexpended
balance of contributions or an expenditure deficit for a previous
election other than the preceding primary election. If such a
post-election or supplemental statement is filed, the accounting
period begins on the day following the last day of the accounting
period for the statement filed for that previous election. If a
candidate or a candidate's principal campaign committee has filed
a post-election or supplemental statement of contributions and
expenditures for a previous election other than the preceding
primary election showing no balance or no deficit, the accounting
period begins on the day that the candidate or the candidate's
principal campaign committee next receives a contribution or
makes an expenditure. If the statement for a previous election
shows an unexpended balance of contributions or an expenditure
deficit, the beginning balance on the statement required by this
paragraph shall be the amount of the unexpended balance of
contributions or expenditure deficit. The accounting period for
the statement required by this paragraph ends on the 47th day
before the date of the election.
(b) A second preelection statement of contributions received
and expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
15th day and not later than the 12th day before the date of the
election. The accounting period for the statement required by
this paragraph begins on the 46th day before the date of the
election and ends on the 16th day before the date of the
election.
(c) Supplements to the second preelection statement showing
contributions received and expenditures made as described in this
paragraph by or on behalf of the candidate or the candidate's
principal campaign committee. A supplement shall be filed if,
during a period described in this paragraph, the aggregate amount
of contributions, including loans, whether repaid or not,
received from a single political committee or other person
exceeds $500, or the aggregate amount of expenditures made by or
on behalf of the candidate or the candidate's principal campaign
committee to a single payee exceeds $1,000. A first supplement
shall be filed not later than the eighth day before the date of
the election for the accounting period beginning on the 15th day
before the date of the election and ending on the ninth day
before the date of the election. A second supplement shall be
filed not later than the fourth day before the date of the
election for the accounting period beginning on the eighth day
before the date of the election and ending on the fifth day
before the date of the election. The supplements shall be filed
on forms prescribed by the Secretary of State by rule. A
candidate or treasurer of the candidate's principal campaign
committee who filed a certificate under ORS 260.112 shall file
supplements under this paragraph if the aggregate amount of
contributions received or expenditures made exceeds $2,000
because of contributions received or expenditures made during a
period described in this paragraph.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
21st day and not later than the 30th day after the date of the
election. The accounting period for the statement required by
this paragraph begins on the 15th day before the date of the
election and ends on the 20th day after the date of the election.
(2) { + (a) + } A candidate { + at the general election + }
for the office of Governor, Secretary of State, State Treasurer,
Attorney General, Commissioner of the Bureau of Labor and
Industries, state Senator or state Representative, or a
candidate's principal campaign committee shall file a supplement
to the post-election statement of contributions received
{ - and expenditures made - } by or on behalf of the candidate
or the candidate's principal campaign committee not sooner than
the { - first business day - } { + second Monday + } in
January { + next following the general election + } and not
later than the Friday
{ - before - } { + after + } the second Monday in
January { + next following the general election + }. The
supplement shall be filed if the aggregate contributions received
from any political committee or other person exceed $500 during
the period beginning after the 20th day after the date of the
{ + general + } election and ending on { - December 31 and - }
{ + the Sunday before the second Monday in January next
following the general election. The supplement + } shall disclose
only those contributions received from any political committee or
other person that exceed an aggregate of $500 during the period
beginning after the 20th day after the date of the
{ + general + } election and ending on { - December 31 - }
{ + the Sunday before the second Monday in January next
following the general election + }. The supplement shall be
written but may be transmitted to the filing officer by any means
available. A candidate described in this
{ - subsection - } { + paragraph + } or the treasurer of the
candidate's principal campaign committee who filed a certificate
under ORS 260.112 shall file a supplement under this
{ - subsection if the aggregate contributions exceed $2,000
because of contributions received after the 20th day following
the election and prior to January 1 of the following year - }
{ + paragraph if the aggregate contributions received from any
political committee or other person exceed $500 after the period
for which the certificate was filed and prior to the second
Monday in January next following the general election + }.
{ + (b) A person holding the office of Governor, Secretary of
State, State Treasurer, Attorney General, Commissioner of the
Bureau of Labor and Industries or state Senator, or the person's
principal campaign committee, shall file a statement of
contributions received by or on behalf of the person or the
person's principal campaign committee not sooner than the second
Monday in January next following the first general election held
during the person's term of office and not later than the Friday
after the second Monday in January next following the first
general election held during the person's term of office. The
statement shall be filed if the aggregate contributions received
from any political committee or other person exceed $500 during
the period beginning on the day following the last day of the
accounting period for the previous statement filed and ending on
the Sunday before the second Monday in January next following the
first general election held during the person's term of office.
The statement shall disclose only those contributions received
from any political committee or other person that exceed an
aggregate of $500 during the period beginning on the day
following the last day of the accounting period for the previous
statement filed and ending on the Sunday before the second Monday
in January next following the first general election held during
the person's term of office. The statement shall be written but
may be transmitted to the filing officer by any means available.
A person holding an office described in this paragraph or the
treasurer of a principal campaign committee who filed a
certificate under ORS 260.112 shall file a statement under this
paragraph if the aggregate contributions received from any
political committee or other person exceed $500 after the period
for which the certificate was filed and prior to the second
Monday in January of the year following the first general
election to be held during the person's term of office. + }
(3) A candidate or a candidate's principal campaign committee
shall file a supplemental statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, if the post-election
statement required by subsection (1)(d) of this section shows an
unexpended balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement containing no balance or no
deficit is filed. The accounting period for the statement
required by this subsection begins on the day following the last
day of the accounting period for the previous statement filed and
ends on September 1.
(4) A candidate for federal office shall file statements
required by the federal election laws in lieu of the statements
required by ORS 260.035 to 260.156. { - The statements required
by federal election laws shall be filed in the office of the
Secretary of State on or before the federal filing dates. - } At
any time the Secretary of State by rule may make a determination
that the standards and requirements of the federal election laws
relating to candidates for federal office are not substantially
similar to those contained in ORS 260.035 to 260.156. If the
Secretary of State makes this determination, candidates for
federal office are subject to the requirements of ORS 260.035 to
260.156.
(5) Each statement and { - the - } { + any + } supplement
required by this section shall be signed and certified as true by
the candidate or treasurer required to file { - it - } { +
them + }.
SECTION 25. ORS 260.073 is amended to read:
260.073. (1) Except as otherwise provided in ORS 260.112, each
political committee, other than a candidate's principal campaign
committee, supporting or opposing one or more candidates or
measures at the general election shall file the following with
each appropriate filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 46th day and not later than the 36th day before
the date of the election. For a political committee that
supported or opposed one or more candidates or measures at the
primary election, the accounting period for the statement
required by this paragraph begins on the 21st day after the
primary election. Otherwise, the accounting period for the
statement begins on the date that the name of a treasurer is
certified to the filing officer under ORS 260.035 unless a
political committee has filed a post-election or supplemental
statement of contributions and expenditures showing an unexpended
balance of contributions or an expenditure deficit for a previous
election. If such a post-election or supplemental statement is
filed, the accounting period begins on the day following the last
day of the accounting period for the statement filed for the
previous election. If a political committee has filed a
post-election or supplemental statement of contributions and
expenditures for a previous election showing no balance or no
deficit, the accounting period begins on the day that political
committee next receives a contribution or makes an expenditure.
If the statement for a previous election shows an unexpended
balance of contributions or an expenditure deficit, the beginning
balance on the statement required by this paragraph shall be the
amount of the unexpended balance of contributions or expenditure
deficit. The accounting period for the statement required by this
paragraph ends on the 47th day before the date of the election.
(b) A second preelection statement of contributions received
and expenditures made by or on behalf of the political committee,
not sooner than the 15th day and not later than the 12th day
before the date of the election. The accounting period for the
statement required by this paragraph begins on the 46th day
before the date of the election and ends on the 16th day before
the date of the election.
(c) Supplements to the second preelection statement showing
contributions received and expenditures made as described in this
paragraph by or on behalf of the political committee. A
supplement shall be filed if, during a period described in this
paragraph, the aggregate amount of contributions, including
loans, whether repaid or not, received from a single political
committee or other person exceeds $500, or the aggregate amount
of expenditures made by or on behalf of the political committee
to a single payee exceeds $1,000. A first supplement shall be
filed not later than the eighth day before the date of the
election for the accounting period beginning on the 15th day
before the date of the election and ending on the ninth day
before the date of the election. A second supplement shall be
filed not later than the fourth day before the date of the
election for the accounting period beginning on the eighth day
before the date of the election and ending on the fifth day
before the date of the election. The supplements shall be filed
on forms prescribed by the Secretary of State by rule. A
treasurer of a political committee who filed a certificate under
ORS 260.112 shall file supplements under this paragraph if the
aggregate amount of contributions received or expenditures made
exceeds $2,000 because of contributions received or expenditures
made during a period described in this paragraph.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 21st day and not later than the 30th day after
the date of the election. The accounting period for a statement
required by this paragraph begins on the 15th day before the date
of the election and ends on the 20th day after the date of the
election.
(2) A political committee affiliated with a political party, a
caucus of either house of the Legislative Assembly, a legislative
official or a statewide official as defined in ORS 244.020, the
Governor, Governor-elect or candidate for Governor shall file a
supplement to the post-election statement of contributions
received { - and expenditures made - } by or on behalf of the
political committee not sooner than the { - first business
day - } { + second Monday + } in January { + next following the
general election + } and not later than the Friday
{ - before - } { + after + } the second Monday in January { +
next following the general election + }. The supplement shall be
filed if the aggregate contributions received from any political
committee or other person exceed $500 during the period beginning
after the 20th day after the date of the { + general + }
election and ending on { - December 31 and - } { + the Sunday
before the second Monday in January next following the general
election. The supplement + } shall disclose only those
contributions received from any political committee or other
person that exceed an aggregate of $500 during the period
beginning after the 20th day after the date of the
{ + general + } election and ending on { - December 31 - }
{ + the Sunday before the second Monday in January next
following the general election + }. The supplement shall be
written but may be transmitted to the filing officer by any means
available. A treasurer of a political committee described in this
subsection who filed a certificate under ORS 260.112 shall file a
supplement under this subsection if the aggregate contributions
{ - exceed $2,000 because of contributions received after the
20th day following the election and prior to January 1 of the
following year - } { + received from any political committee or
other person exceed $500 after the period for which the
certificate was filed and prior to the second Monday in January
next following the general election + }.
(3) A political committee shall file a supplemental statement
of contributions received and expenditures made by or on behalf
of the political committee, if the post-election statement
required by subsection (1)(d) of this section shows an unexpended
balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit. The accounting period for a statement required under
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
(4) A political committee shall { - prepare - }
{ + file + } one original copy of each statement required by
subsection (1) of this section
{ - and - } { + with the filing officer with whom the
political committee's statement of organization is filed. If five
percent or more of the total of contributions received and
expenditures made during an accounting period support or oppose a
candidate or measure in an electoral district for which the
filing officer is different than the filing officer with whom the
political committee's statement of organization is filed, the
political committee shall + } file a duplicate copy of the
statement { + required by subsection (1) of this section + }
with { - the - } { + that + } filing officer { - of each
candidate or measure supported or opposed by the political
committee - } . The statement and each duplicate copy shall be
signed and certified as true by the treasurer required to file
it.
(5) A political committee shall file the supplemental statement
described in subsection (3) of this section with the filing
officer with whom the political committee's statement of
organization is filed and need not file any supplemental
statement with any other filing officer. The supplemental
statement shall be signed and certified as true by the treasurer
required to file it.
SECTION 26. ORS 260.078 is amended to read:
260.078. If a { - report - } { + statement + } filed by a
candidate, a candidate's principal campaign committee or a
political committee under ORS 260.058 (1)(a), 260.063 (1)(a),
260.068 (1)(a) or 260.073 (1)(a) shows any assets not previously
reported on hand at the beginning of the first reporting period,
the { - report - } { + statement + } shall list all
contributions giving rise to the assets in accordance with ORS
260.083.
SECTION 27. ORS 260.085, as amended by section 15, chapter 542,
Oregon Laws 2003 (Enrolled Senate Bill 552), is amended to read:
260.085. (1) An account required by ORS 260.055 and a statement
required by ORS 260.083 to list the occupation of a contributor
shall list the occupation of the contributor in the account and
on the first statement filed under ORS 260.058, 260.063, 260.068,
260.073 or 260.076 or section 6 { + , chapter 542, Oregon Laws
2003 (Enrolled Senate Bill 552), + } { - of this 2003 Act - }
after the contribution is received if the occupation is known to
the candidate or political committee filing the statement.
(2) If an account required by ORS 260.055 or a statement
required by ORS 260.083 to list the occupation of a contributor
does not list the occupation of the contributor as required by
ORS 260.055 or on the first statement filed under ORS 260.058,
260.063, 260.068, 260.073 or 260.076 or section 6 { + , chapter
542, Oregon Laws 2003 (Enrolled Senate Bill 552), + } { - of
this 2003 Act - } after the contribution is received, the
candidate or political committee shall file with the account and
the filing officer documentation of a written request to the
contributor to furnish the contributor's occupation.
(3) If a candidate or political committee receives a
contribution that does not identify the occupation of the
contributor, the candidate or political committee shall make a
written request to the contributor to furnish the occupation of
the contributor within seven days after receiving the
contribution.
(4) Documentation of a written request under subsection (3) of
this section shall be filed with the account and the first
statement under ORS 260.058, 260.063, 260.068, 260.073 or 260.076
or section 6 { + , chapter 542, Oregon Laws 2003 (Enrolled Senate
Bill 552), + } { - of this 2003 Act - } that is filed at least
seven days after the contribution is received.
(5) If a candidate or political committee receives information
identifying the occupation of a contributor after making a
written request under subsection (3) of this section, the
candidate or political committee shall include the contributor's
occupation in the account kept under ORS 260.055 { - and the
next statement filed under ORS 260.058, 260.063, 260.068, 260.073
or 260.076 or section 6 of this 2003 Act - } .
(6) The filing officer shall be in compliance with law by
accepting the information described in this section.
SECTION 28. ORS 260.112 is amended to read:
260.112. (1) A candidate, other than a candidate for federal
office, or a treasurer of a political committee who expects
neither the aggregate contributions to be received nor the
aggregate expenditures to be made by or on behalf of the
candidate or political committee to exceed $2,000 in total amount
during the total period described in ORS 260.058 (1), 260.063
(1), 260.068 (1) or 260.073 (1) shall file a certificate to that
effect. The candidate or treasurer shall make the certificate
according to the best of the knowledge or belief of the candidate
or treasurer. The certificate shall be filed:
(a) By a candidate, not sooner than the date on which the
candidate files a declaration of candidacy or nominating
petition, accepts a nomination or is nominated to fill a vacancy
in a nomination or in a partisan elective office, and not later
than the 29th day before the date of the election.
(b) By a treasurer of a political committee, not sooner than
the date that the political committee files a statement of
organization under ORS 260.042, and not later than the 29th day
before the date of the election.
(2) A candidate or political committee under this section must
keep contribution and expenditure records during the applicable
total period described in ORS 260.058, 260.063, 260.068 or
260.073.
(3) If at any time following the filing of a certificate under
subsection (1) of this section and during the total period
described in ORS 260.058 (1), 260.063 (1), 260.068 (1) and
260.073 (1) either the aggregate contributions or aggregate
expenditures exceed $2,000, the candidate, other than a candidate
for federal office, or treasurer shall file a contribution and
expenditure statement when a statement for the
{ - reporting - } { + accounting + } period in which the
contributions or expenditures exceeded $2,000 is filed. The
{ - filed - } statement shall reflect all contributions
received and expenditures made by or on behalf of the candidate
or political committee to that date, beginning with the start of
the first { - reporting - } { + accounting + } period in ORS
260.058 (1), 260.063 (1), 260.068 (1) and 260.073 (1).
SECTION 29. ORS 260.118 is amended to read:
260.118. (1) As provided in subsection (2) of this section, the
chief petitioners of a statewide initiative or referendum
petition { - or any recall petition - } shall:
(a) Appoint a treasurer and certify the name and address of the
treasurer to the filing officer. The treasurer shall be an
elector of this state. Contributions shall be received and
expenditures made by or through the treasurer.
(b) File a statement of organization with the appropriate
filing officer. The statement shall include:
(A) The name and address of the chief petitioners.
(B) The name and address of the treasurer appointed under
paragraph (a) of this subsection.
(C) A designation of the statewide initiative or referendum
petition { - or the recall petition. The designation of the
recall petition shall include the name of the officer whose
recall is demanded - } .
{ - (D) A statement of how the petitioners intend to solicit
funds. - }
(2) The chief petitioners shall certify the name of the
treasurer and file the statement of organization not later than
the third business day after the chief petitioners receive a
contribution or make an expenditure relating to the statewide
initiative or referendum petition { - or any recall
petition - } .
(3) Any change in the information submitted in a statement of
organization under subsection (1) of this section shall be
indicated in an amended certification or an amended statement of
organization filed not later than the 10th day after the change
in information.
{ - (4) For each statewide initiative petition, not sooner
than the 15th day before the date of the primary election and not
later than the 12th day before the date of the primary election,
the treasurer appointed under subsection (1) of this section
shall file with the Secretary of State a statement described in
subsection (8) of this section. The accounting period for the
statement begins on the date that the name of the treasurer is
certified to the Secretary of State under subsection (1) of this
section or on the day following the last day of the accounting
period for the previous statement filed and ends on the 16th day
before the date of the primary election. The statement required
under this subsection shall be filed whether or not the petition
was completed or filed or was withdrawn under ORS 250.029. - }
{ - (5) - } { + (4) + } { - In addition to the statement
required under subsection (4) of this section, - } For each
statewide initiative petition, the treasurer appointed under
subsection (1) of this section shall file with the Secretary of
State a statement described in subsection { - (8) - }
{ + (7) + } of this section for each period described in this
subsection. A statement shall be filed under this subsection
beginning with the period during which the aggregate amount of
contributions received or expenditures made exceeds $2,000. The
following statements shall be filed:
(a) A statement of contributions received and expenditures made
filed not later than September 10 of an odd-numbered year. The
accounting period for the statement required under this paragraph
begins on the date the treasurer is appointed under subsection
(1) of this section and ends on September 1.
(b) A statement of contributions received and expenditures made
filed not later than February 6 of an even-numbered year. The
accounting period for the statement required under this paragraph
begins on the date the treasurer is appointed under subsection
(1) of this section or on the day following the last day of the
accounting period for the previous statement filed and ends on
January 28.
{ + (c) A statement of contributions received and
expenditures made filed not later than the 12th day before the
date of the primary election. The accounting period for the
statement required under this paragraph begins on the date the
treasurer is appointed under subsection (1) of this section or on
the day following the last day of the accounting period for the
previous statement filed and ends on the 16th day before the date
of the primary election. + }
{ - (6) - } { + (5) + } Not later than the 15th day after
the last day for filing a statewide initiative or referendum
petition or any recall petition with the filing officer for
verification of signatures, the treasurer appointed under
subsection (1) of this section { + , or for a recall petition,
the treasurer listed on the statement of organization filed under
ORS 249.865, + } shall file with the filing officer a statement
described in subsection { - (8) - } { + (7) + } of this
section. The statement required under this subsection shall be
filed whether or not the petition was completed or filed or was
withdrawn under ORS 250.029.
{ - (7) - } { + (6) + } Not later than the 15th day after
the date an initiative or referendum petition that is not
statewide is filed with the filing officer for verification of
signatures, the chief petitioners of the initiative or referendum
petition shall file with the filing officer a statement described
in subsection { - (8) - } { + (7) + } of this section.
{ - (8) - } { + (7) + } The statement referred to in
subsections (4) to
{ - (7) - } { + (6) + } of this section shall include the
following information:
(a) The name and address of the chief petitioner.
(b) A designation of the initiative, referendum or recall
petition. The designation of any recall petition shall include
the name of the officer whose recall is demanded.
(c) A statement conforming to ORS 260.083 of contributions
received and expenditures made.
{ - (9)(a) - } { + (8)(a) + } For a statewide initiative
petition, the accounting period for the statement required by
subsection { - (6) - } { + (5) + } of this section begins on
the 15th day before the date of the primary election and ends on
the deadline for submitting signatures for verification.
(b) For a statewide referendum petition, the accounting period
for the statement required by subsection { - (6) - }
{ + (5) + } of this section begins on the date that the name of
the treasurer is certified to the filing officer under this
section. The accounting period ends on the deadline for
submitting signatures for verification.
(c) For a recall petition, the accounting period for the
statement required by subsection { - (6) - } { + (5) + } of
this section begins on the day after the date on which the
statement of contributions received and expenditures made
required under ORS 249.865 is filed. The accounting period ends
on the deadline for submitting signatures for verification.
(d) For an initiative or referendum petition that is not
statewide, the accounting period for the statement required by
subsection { - (7) - } { + (6) + } of this section begins on
the date the prospective petition is filed and ends on the date
that signatures are submitted for verification.
{ - (10)(a) - } { + (9)(a) + } If a statement filed under
subsection { - (6) - } { + (5) + } of this section for a
statewide initiative or referendum petition or any recall
petition that did not qualify for the ballot shows an unexpended
balance of contributions or an expenditure deficit, and the chief
petitioner's committee does not intend to support or oppose a
measure that is on the subsequent general election ballot, a
supplemental statement shall be filed annually not later than
September 10.
(b) If a statement filed under this section for a statewide
initiative or referendum petition or any recall petition that did
not qualify for the ballot shows an unexpended balance of
contributions or an expenditure deficit, and the chief
petitioner's committee intends to support or oppose a measure
that is on the subsequent general election ballot, that committee
shall not file a supplemental statement in that year, but shall
file the statements required under ORS 260.073. Supplemental
statements shall be filed annually for each following year not
later than September 10.
(c) The accounting period for the statement required by this
subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
{ + (10) Each statement required under subsections (4) to (6)
of this section shall be signed and certified as true by the
chief petitioner or treasurer required to file it. + }
(11) As used in this section, 'contribution' and ' expenditure'
include a contribution or expenditure to or on behalf of an
initiative, referendum or recall petition.
SECTION 30. ORS 260.232 is amended to read:
260.232. (1) The Secretary of State may impose a civil penalty
as provided in this section, in addition to any other penalty
that may be imposed, for:
(a) Failure to file a statement or certificate required to be
filed under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073,
260.076, 260.083, 260.102, 260.112 or 260.118.
(b) Failure to include in a statement filed under ORS 260.058,
260.063, 260.068, 260.073, 260.076, 260.083, 260.102, 260.112 or
260.118 the information required under ORS 260.076, 260.083,
260.102 or 260.118.
{ - (c) Violation of ORS 260.174. - }
(2) If a person required to file has not filed a statement or
certificate complying with applicable provisions of ORS 260.044
(1), 260.058, 260.063, 260.068, 260.073, 260.076, 260.078,
260.083, 260.085, 260.102, 260.112 or 260.118 within the time
specified in ORS 260.058, 260.063, 260.068, 260.073, 260.076,
260.078 or 260.118, the Secretary of State by certified mail
shall notify the person that a penalty may be imposed and that
the person has 20 days to request a hearing before the Secretary
of State. If the person required to file is a candidate or the
principal campaign committee of a candidate, the Secretary of
State shall send the notice described in this subsection by
certified mail to the individual who is the candidate and by
first class mail to the candidate's treasurer or the treasurer of
the candidate's principal campaign committee. The notice sent by
certified mail to the individual who is a candidate shall be used
for purposes of determining the deadline for requesting a hearing
under subsection (3) of this section. The Secretary of State is
not required to send two notices if the candidate serves as the
treasurer of the candidate's principal campaign committee.
(3) A hearing on whether to impose a civil penalty and to
consider circumstances in mitigation shall be held by the
Secretary of State:
(a) Upon request of the person against whom the penalty may be
assessed, if the request is made not later than the 20th day
after the person received the notice sent under subsection (2) of
this section;
(b) Upon request of the filing officer with whom a statement or
certificate was required to be filed but was not filed; or
(c) Upon the Secretary of State's own motion.
(4) A hearing under subsection (3) of this section shall be
held not later than 30 days after the deadline for the person
against whom the penalty may be assessed to request a hearing.
However, if requested by the person against whom the penalty may
be assessed, a hearing under subsection (3) of this section shall
be held not later than 45 days after the deadline for the person
against whom the penalty may be assessed to request a hearing.
(5) The Secretary of State shall issue an order not later than
90 days after a hearing or after the deadline for requesting a
hearing if no hearing is held.
(6) The person against whom a penalty may be assessed need not
appear in person at a hearing held under this section, but
instead may submit written testimony and other evidence, subject
to the penalty for false swearing, to the Secretary of State for
entry in the hearing record. Such documents must be received by
the secretary not later than three business days before the day
of the hearing.
(7) A civil penalty imposed under this section shall be not
more than:
(a) $10,000 for failure to file a statement or certificate
required to be filed under ORS 260.044 (1), 260.058, 260.063,
260.068, 260.073, 260.076, 260.083, 260.102, 260.112 or 260.118;
{ + or + }
(b) $10,000 for each failure to include in a statement filed
under ORS 260.058, 260.063, 260.068, 260.073, 260.076, 260.083,
260.102, 260.112 or 260.118 the information required under ORS
260.076, 260.083, 260.102 or 260.118 { - ; or - }
{ - (c) $1,000 for each violation of ORS 260.174 - } .
(8) The Secretary of State, upon a showing of mitigating
circumstances, may reduce the amount of the penalty described in
subsection (7) of this section.
(9) Except as otherwise provided by this section, civil
penalties under this section shall be imposed as provided in ORS
183.090.
{ + (10) Notwithstanding subsections (1) to (9) of this
section, the Secretary of State may not impose a civil penalty
under subsection (1)(b) of this section if:
(a) The person against whom the civil penalty would otherwise
be imposed files an amendment to the original statement not later
than the 90th calendar day after a new transaction deadline set
by the secretary by rule and pays a $50 filing fee to the
secretary; and
(b) The total amount of contributions and expenditures included
in the amendment do not exceed one percent of the total amount of
contributions and expenditures included in the original
statement. + }
SECTION 31. ORS 260.255 is amended to read:
260.255. (1) A filing officer shall preserve each statement
filed with the officer under ORS 260.058, 260.063, 260.068,
260.073, 260.076, 260.083, 260.102, 260.112 or 260.118, or an
accurate copy of it, for at least six years after the date of the
election to which the statement refers.
(2) The Secretary of State shall prepare for each election a
summary of the statements filed with the secretary under ORS
260.058 (1), 260.063 (1), 260.068 (1) and 260.073 (1) and shall
make the summary available to the public. The county clerk
{ - shall - } { + may + } prepare such a summary regarding
candidates for county offices and county measures. The Secretary
of State by rule may require a filing officer to prepare such a
summary regarding other offices or measures.
(3) The summary reports prepared under this section shall
include a list of all expenditures that total $100 or more to any
one person and a list of all contributions of more than $50.
SECTION 32. ORS 260.735 is amended to read:
260.735. (1) A slate mailer organization shall file a statement
of organization { - with the Secretary of State - } { + with
the filing officer listing each candidate and measure that
appears in a slate mailer produced by the slate mailer
organization + }. The statement shall list the name and address
of the organization and of the principal officers of the
organization.
(2) The statement of organization shall be filed not later than
10 days after the slate mailer organization receives or is
promised payment for producing one or more slate mailers.
(3) Any change in information submitted in a statement of
organization provided in subsection (1) of this section shall be
indicated in an amended statement of organization filed not later
than the 10th day after the change in information.
SECTION 33. ORS 246.910 is amended to read:
246.910. (1) A person adversely affected by any act or failure
to act by the Secretary of State, a county clerk, a city
elections officer or any other county, city or district official
under any election law, or by any order, rule, directive or
instruction made by the Secretary of State, a county clerk, a
city elections officer or any other county, city or district
official under any election law, may appeal therefrom to the
circuit court for the county in which the act or failure to act
occurred or in which the order, rule, directive or instruction
was made.
{ + (2) An appeal described in subsection (1) of this section
of an order of the Secretary of State approving or disapproving a
state initiative petition for circulation for the purpose of
obtaining signatures of electors shall be filed within 60 days
following the date the order is served. + }
{ - (2) - } { + (3) + } Any party to the appeal proceedings
in the circuit court under subsection (1) of this section may
appeal from the decision of the circuit court to the Court of
Appeals.
{ - (3) - } { + (4) + } The circuit courts and Court of
Appeals, in their discretion, may give such precedence on their
dockets to appeals under this section as the circumstances may
require.
{ - (4) - } { + (5) + } The remedy provided in this section
is cumulative and does not exclude any other remedy against any
act or failure to act by the Secretary of State, a county clerk,
a city elections officer or any other county, city or district
official under any election law or against any order, rule,
directive or instruction made by the Secretary of State, a county
clerk, a city elections officer or any other county, city or
district official under any election law.
SECTION 34. { + If Senate Bill 102 becomes law, section 33 of
this 2003 Act (amending ORS 246.910) is repealed. + }
SECTION 35. ORS 8.620 is amended to read:
8.620. A person elected to the office of district attorney
must, before entering upon { - such - } { + the + } office,
qualify by filing with the Secretary of State the certificate of
election of the person { - , with an oath of office indorsed
thereon, and subscribed by the person, to the effect that the
person will support the Constitution of the United States and of
this state, and faithfully and honestly perform the duties of the
office - } .
SECTION 36. ORS 180.030 is amended to read:
180.030. Before entering upon the duties of office the Attorney
General shall qualify by filing with the Secretary of State the
certificate of election or of appointment { - , with the oath of
office of the Attorney General indorsed thereon - } .
SECTION 37. ORS 204.005 is amended to read:
204.005. There shall be elected at the { + primary election
or + } general election { + , as provided in ORS 249.088 + }, by
the electors of each county, the following county officers:
(1) A sheriff.
(2) A county clerk.
(3) A county assessor.
(4) A county treasurer.
(5) A county surveyor.
(6) A county commissioner to succeed any commissioner whose
term of office expires the following January { - ; - }
{ + , + } and in any county where there is a vacancy from any
cause in the office of county commissioner, there shall be
elected an additional commissioner to fill the vacancy.
SECTION 38. ORS 236.325 is amended to read:
236.325. Notwithstanding any other provision of law:
(1) The holder of a public office may resign the office
effective at a future date that is prior to the expiration of the
term of the office.
(2) Any person who receives a certificate of election as a
holder of a public office, even though the person may not have
entered upon the execution of its duties or taken the requisite
oath of office, may resign the office effective at a future date
that is:
(a) Prior to the beginning of the term of the office; or
(b) After the beginning of the term of the office.
(3) Except where an election is required by law, if the holder
of a public office or a person who receives a certificate of
election as a holder of a public office resigns the office
effective at a future date, the appointing authority required by
law to fill a vacancy in the public office may begin the process
to fill the vacancy and may select a successor prior to the
effective date of any resignation under this section.
(4) The appointing authority may appoint a successor to fill a
vacancy in the public office at any time after the effective date
of a resignation described in this section. This subsection does
not apply where a person who receives a certificate of election
as a holder of a public office resigns prior to the beginning of
the term of office and an incumbent still holds the public
office.
(5) A resignation is binding unless withdrawn in writing by the
end of the third business day after the resignation is made.
(6) Where the effective date of a resignation is { - less
than - } 21 { + or more + } calendar days before the deadline
for filing a nominating petition, declaration of candidacy or
certificate of nomination necessary to fill the office at the
general election next following the effective date of the
resignation, and the deadline for withdrawing the resignation has
passed, the filing officer for the office shall accept filings of
nominating petitions, declarations of candidacy and certificates
of nomination and the vacancy shall be filled at the general
election next following the effective date of the vacancy.
(7) This section does not apply to the office of Governor.
SECTION 39. ORS 249.002 is amended to read:
249.002. As used in this chapter:
(1) 'Candidate' means an individual whose name is or is
expected to be printed on the official ballot.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(4) 'Judge' means judge of the Supreme Court, Court of Appeals,
circuit court or the Oregon Tax Court { - , or any county judge
who exercises judicial functions - } .
(5) 'Member' means an individual who is registered as being
affiliated with the political party.
(6) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
(7) 'Nonpartisan office' means the office of judge,
Superintendent of Public Instruction, Commissioner of the Bureau
of Labor and Industries, any elected office of a metropolitan
service district under ORS chapter 268, justice of the peace,
county clerk, county assessor, county surveyor, county treasurer,
{ + county judge who exercises judicial functions, + } sheriff,
district attorney or any office designated nonpartisan by a home
rule charter.
(8) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
(9) 'Public office' means any national, state, county, city or
district office or position, except a political party office,
filled by the electors.
(10) 'State office' means Governor, Secretary of State, State
Treasurer, Attorney General, Commissioner of the Bureau of Labor
and Industries, Superintendent of Public Instruction, judge,
state Senator, state Representative or district attorney.
SECTION 40. ORS 249.037 is amended to read:
249.037. (1) A nominating petition or declaration of candidacy
shall be filed not sooner than the { - 415th - }
{ + 250th + } day and not later than the 70th day before the
date of the primary election.
(2) Notwithstanding subsection (1) of this section, a
declaration of candidacy for the office of precinct
committeeperson shall not be filed before February 1 immediately
preceding the primary election.
SECTION 41. ORS 249.722 is amended to read:
249.722. (1) Except as provided in subsection (3) of this
section, a certificate of nomination of a candidate for public
office shall be filed not sooner than the { - 415th - }
{ + 15th + } day { + after the date of the primary election + }
and not later than the 70th day before the date of the general
election.
(2) A certificate of nomination of a candidate for:
(a) State office, United States Senator or Representative in
Congress shall be filed with the Secretary of State.
(b) County office shall be filed with the county clerk.
(c) City office shall be filed with the chief city elections
officer.
(3) For a special election, including an election to fill a
vacancy that occurs after the 70th day before the general
election, the Secretary of State by rule may adopt a schedule
specifying the period within which a certificate of nomination
must be filed. If the Secretary of State does not adopt a rule
under this subsection, a certificate of nomination must be filed
before the 61st day preceding the election.
SECTION 42. ORS 249.720 is amended to read:
249.720. (1) A certificate of nomination shall state:
(a) The name by which the candidate is commonly known. A
candidate may use a nickname in parentheses in connection with
the full name.
(b) Address information as required by the Secretary of State
by rule.
(c) The office, and department or position number if any, for
which the candidate is nominated.
(d) The name of the minor political party, if any, which
nominated the candidate.
(e) If the candidate is nominated for a partisan office by an
assembly of electors or individual electors, the word '
independent' and a statement that the candidate has not been a
member of a major or minor political party during at least 180
days before the deadline for filing the certificate of
nomination.
{ + (f) A statement that the candidate will qualify if
elected.
(g) The signature of the candidate.
(h) A statement of the candidate's occupation, educational and
occupational background and prior governmental experience. + }
(2) For certificates of nomination of candidates for electors
of President and Vice President of the United States, the names
of the candidates for President and Vice President the candidates
represent may be added to the name of the minor political party
or the word 'independent,' as the case may be. The names of all
the candidates of a minor political party, or independent
candidates, for electors of President and Vice President may be
upon the same certificate of nomination.
(3) A certificate of nomination made by an assembly of electors
shall be signed by the presiding officer and secretary of the
nominating convention of the assembly. A certificate of
nomination made by a minor political party shall be signed by an
officer of the party. An affidavit shall be made on the
certificate by the presiding officer and secretary of the
nominating convention of the assembly or by the officer of the
minor political party and signed and acknowledged by them before
a notary public. The affidavit shall be that the statements in
the certificate of nomination and related documents are true.
With respect to an assembly of electors, the affidavit shall
state that the assembly satisfied the requirements of ORS
249.735.
SECTION 43. ORS 250.067 is amended to read:
250.067. (1) The Secretary of State, upon receiving a draft
ballot title from the Attorney General under ORS 250.065 or
250.075, shall provide reasonable statewide notice of having
received the draft ballot title and of the public's right to
submit written comments as provided in this section. Written
comments concerning a draft ballot title shall be submitted to
the Secretary of State not later than the 10th business day after
the Secretary of State receives the draft title from the Attorney
General. On the next business day after the deadline for
submitting comments to the Secretary of State, the secretary
shall send a copy of all written comments to the Attorney
General. The secretary shall maintain a record of written
comments received.
(2) The Attorney General shall consider any written comments
submitted under subsection (1) of this section and shall certify
to the Secretary of State either the draft ballot title or a
revised ballot title not later than the 10th business day after
receiving the comments from the Secretary of State. If no written
comments are submitted to the Secretary of State, the Attorney
General shall certify the draft ballot title not later than the
{ - 15th - } { + 20th + } business day after the Secretary of
State receives the draft title from the Attorney General. The
Secretary of State shall furnish the chief petitioner with a copy
of the ballot title.
(3) Unless the Supreme Court certifies a different ballot
title, the ballot title provided by the Attorney General under
subsection (2) of this section shall be the title printed in the
voters' pamphlet and on the ballot.
(4) If a petition for review of a ballot title is filed with
the Supreme Court as provided in ORS 250.085, the Secretary of
State shall file with the Supreme Court a copy of the written
comments received as part of the record on review of the ballot
title.
(5) The Secretary of State by rule shall specify the means for
providing reasonable statewide notice for submitting comments on
a draft ballot title.
SECTION 44. ORS 250.168 is amended to read:
250.168. (1) Not later than the fifth business day after
receiving a prospective petition for an initiative measure, the
county clerk shall determine in writing whether the initiative
measure meets the requirements of section 1 (2)(d), Article IV
{ + and section 10, Article VI + } of the Oregon Constitution.
(2) If the county clerk determines that the initiative measure
meets the requirements of section 1 (2)(d), Article IV { + and
section 10, Article VI + } of the Oregon Constitution, the clerk
shall proceed as required in ORS 250.175. The clerk shall include
in the publication required under ORS 250.175 (5) a statement
that the initiative measure has been determined to meet the
requirements of section 1 (2)(d), Article IV { + and section 10,
Article VI + } of the Oregon Constitution.
(3) If the county clerk determines that the initiative measure
does not meet the requirements of section 1 (2)(d), Article IV
{ + and section 10, Article VI + } of the Oregon Constitution,
the clerk shall immediately notify the petitioner, in writing by
certified mail, return receipt requested, of the determination.
(4) Any elector dissatisfied with a determination of the county
clerk under subsection (1) of this section may petition the
circuit court of the judicial district in which the county is
located seeking to overturn the determination of the clerk. If
the elector is dissatisfied with a determination that the
initiative measure meets the requirements of section 1 (2)(d),
Article IV { + and section 10, Article VI + }of the Oregon
Constitution, the petition must be filed not later than the
seventh business day after the ballot title is filed with the
clerk. If the elector is dissatisfied with a determination that
the initiative measure does not meet the requirements of section
1 (2)(d), Article IV { + and section 10, Article VI + } of the
Oregon Constitution, the petition must be filed not later than
the seventh business day after the written determination is made
by the clerk.
(5) The review by the circuit court shall be the first and
final review, and shall be conducted expeditiously to
{ - insure - } { + ensure + } the orderly and timely
circulation of the petition.
SECTION 45. ORS 250.175 is amended to read:
250.175. (1) When a prospective petition for a county measure
to be referred is filed with the county clerk, the clerk shall
authorize the circulation of the petition containing the title of
the measure as enacted by the county governing body or, if there
is no title, the title supplied by the petitioner filing the
prospective petition. The county clerk immediately shall send two
copies of the prospective petition to the district attorney.
(2) Not later than the sixth business day after a prospective
petition for a county measure to be initiated is filed with the
county clerk, the clerk shall send two copies of it to the
district attorney if the measure to be initiated has been
determined to be in compliance with section 1 (2)(d), Article IV
{ + and section 10, Article VI + }of the Oregon Constitution,
as provided in ORS 250.168.
(3) Not later than the fifth business day after receiving the
copies of the prospective petition, and notwithstanding ORS
203.145 (3), the district attorney shall prepare a ballot title
for the county measure to be initiated or referred and return one
copy of the prospective petition and the ballot title to the
county clerk. Unless the circuit court certifies a different
title, this ballot title shall be the title printed on the
ballot.
(4) A copy of the ballot title shall be furnished to the chief
petitioner.
(5) The county clerk, upon receiving a ballot title for a
county measure to be referred or initiated from the district
attorney or the county governing body, shall publish in the next
available edition of a newspaper of general circulation in the
county a notice of receipt of the ballot title including notice
that an elector may file a petition for review of the ballot
title not later than the date referred to in ORS 250.195.
SECTION 46. ORS 250.270 is amended to read:
250.270. (1) Not later than the fifth business day after
receiving a prospective petition for an initiative measure, the
city elections officer shall determine in writing whether the
initiative measure meets the requirements of section 1
(2)(d) { + and (5) + }, Article IV of the Oregon Constitution.
(2) If the city elections officer determines that the
initiative measure meets the requirements of section 1
(2)(d) { + and (5) + }, Article IV of the Oregon Constitution,
the city elections officer shall proceed as required in ORS
250.275. The city elections officer shall include in the
publication required under ORS 250.275 (5) a statement that the
initiative measure has been determined to meet the requirements
of section 1 (2)(d) { + and (5) + }, Article IV of the Oregon
Constitution.
(3) If the city elections officer determines that the
initiative measure does not meet the requirements of section 1
(2)(d) { + and (5) + }, Article IV of the Oregon Constitution,
the city elections officer shall immediately notify the
petitioner, in writing by certified mail, return receipt
requested, of the determination.
(4) Any elector dissatisfied with a determination of the city
elections officer under subsection (1) of this section may
petition the circuit court of the judicial district in which the
city is located seeking to overturn the determination of the city
elections officer. If the elector is dissatisfied with a
determination that the initiative measure meets the requirements
of section 1 (2)(d) { + and (5) + }, Article IV of the Oregon
Constitution, the petition must be filed not later than the
seventh business day after the ballot title is filed with the
city elections officer. If the elector is dissatisfied with a
determination that the initiative measure does not meet the
requirements of section 1 (2)(d) { + and (5) + }, Article IV of
the Oregon Constitution, the petition must be filed not later
than the seventh business day after the written determination is
made by the city elections officer.
(5) The review by the circuit court shall be the first and
final review, and shall be conducted expeditiously to
{ - insure - } { + ensure + } the orderly and timely
circulation of the petition.
SECTION 47. ORS 250.275 is amended to read:
250.275. (1) When a prospective petition for a city measure to
be referred is filed with the city elections officer, the officer
shall authorize the circulation of the petition containing the
title of the measure as enacted by the city governing body or, if
there is no title, the title supplied by the petitioner filing
the prospective petition. The city elections officer immediately
shall send two copies of the prospective petition to the city
attorney.
(2) Not later than the sixth business day after a prospective
petition for a city measure to be initiated is filed with the
city elections officer, the officer shall send two copies of it
to the city attorney if the measure to be initiated has been
determined to be in compliance with section 1 (2)(d) { + and
(5) + }, Article IV of the Oregon Constitution, as provided in
ORS 250.270.
(3) Not later than the fifth business day after receiving the
copies of the prospective petition, the city attorney shall
provide a ballot title for the city measure to be initiated or
referred and return one copy of the prospective petition and the
ballot title to the city elections officer. Unless the circuit
court certifies a different title, this ballot title shall be the
title printed on the ballot.
(4) A copy of the ballot title shall be furnished to the chief
petitioner.
(5) The city elections officer, upon receiving a ballot title
for a city measure to be referred or initiated from the city
attorney or city governing body, shall publish in the next
available edition of a newspaper of general distribution in the
city a notice of receipt of the ballot title including notice
that an elector may file a petition for review of the ballot
title not later than the date referred to in ORS 250.296.
SECTION 48. ORS 255.140 is amended to read:
255.140. (1) Not later than the fifth business day after
receiving a prospective petition for an initiative measure, the
elections officer shall determine in writing whether the
initiative measure meets the requirements of section 1
(2)(d) { + and (5) + }, Article IV of the Oregon Constitution.
(2) If the elections officer determines that the initiative
measure meets the requirements of section 1 (2)(d) { + and
(5) + }, Article IV of the Oregon Constitution, the elections
officer shall proceed as required in ORS 255.145. The elections
officer shall include in the publication required under ORS
255.145 (5) a statement that the initiative measure has been
determined to meet the requirements of section 1 (2)(d) { + and
(5) + }, Article IV of the Oregon Constitution.
(3) If the elections officer determines that the initiative
measure does not meet the requirements of section 1 (2)(d) { +
and (5) + }, Article IV of the Oregon Constitution, the elections
officer shall immediately notify the petitioner, in writing by
certified mail, return receipt requested, of the determination.
(4) Any elector dissatisfied with a determination of the
elections officer under subsection (1) of this section may
petition the circuit court of the judicial district in which the
administrative office of the district is located seeking to
overturn the determination of the elections officer. If the
elector is dissatisfied with a determination that the initiative
measure meets the requirements of section 1 (2)(d) { + and
(5) + }, Article IV of the Oregon Constitution, the petition must
be filed not later than the seventh business day after the ballot
title is filed with the elections officer. If the elector is
dissatisfied with a determination that the initiative measure
does not meet the requirements of section 1 (2)(d) { + and
(5) + }, Article IV of the Oregon Constitution, the petition must
be filed not later than the seventh business day after the
written determination is made by the elections officer.
(5) The review by the circuit court shall be the first and
final review, and shall be conducted expeditiously to insure the
orderly and timely circulation of the petition.
SECTION 49. ORS 255.145 is amended to read:
255.145. (1) When a prospective petition for a district measure
to be referred is filed with the elections officer, the officer
shall authorize the circulation of the petition containing the
title of the measure as enacted by the district elections
authority or, if there is no title, the title supplied by the
petitioner filing the prospective petition. The elections officer
immediately shall send two copies of the prospective petition to
the district attorney of the county in which the administrative
office of the district is located.
(2) Not later than the sixth business day after a prospective
petition for a district measure to be initiated is filed with the
elections officer, the officer shall send two copies of it to the
district attorney of the county in which the administrative
office of the district is located if the measure to be initiated
has been determined to be in compliance with section 1
(2)(d) { + and (5) + }, Article IV of the Oregon Constitution,
as provided in ORS 255.140.
(3) Not later than the fifth business day after receiving the
copies of the prospective petition, the district attorney shall
provide a ballot title for the district measure to be initiated
or referred and return one copy of the prospective petition and
the ballot title to the elections officer. Unless the circuit
court certifies a different title, this ballot title shall be the
title printed on the ballot.
(4) A copy of the ballot title shall be furnished to the chief
petitioner.
(5) The elections officer, upon receiving a ballot title for a
district measure to be referred or initiated from the district
attorney, shall publish in the next available edition of a
newspaper of general circulation in the district a notice of
receipt of the ballot title including notice that an elector may
file a petition for review of the ballot title not later than the
date referred to in ORS 255.155.
SECTION 50. ORS 254.085 is amended to read:
254.085. (1) The Secretary of State, not later than the 61st
day before the date of a primary or general election, shall file
with each county clerk a statement of the state and congressional
district offices to be filled or for which candidates are to be
nominated in the county at the election, information concerning
all candidates for the offices, and the state measures to be
voted on.
{ - (2) The information concerning candidates for the Supreme
Court, Court of Appeals, Oregon Tax Court and circuit court shall
include a designation of incumbent for each candidate who is the
regularly elected or appointed judge of the court to which the
candidate seeks election. If a candidate was regularly elected or
appointed to a specific position or department on the court, the
candidate shall be designated as the incumbent only if the person
is a candidate for that position or department. - }
{ - (3) - } { + (2) + } Included with each state measure
shall be the measure number, the ballot title prepared by the
Attorney General under ORS 250.067 (2) or, if the Supreme Court
has reviewed the title under ORS 250.085, the title certified by
the court and the financial estimates under ORS 250.125. The
Secretary of State shall keep a copy of the statement.
SECTION 51. ORS 254.125 is amended to read:
254.125. (1) The names of candidates for a nonpartisan office
at a nominating election held on the date of the primary election
shall be listed without political party designation on a
nominating ballot or ballot label under the title, and department
or position number if any, of the office.
(2) At the primary election or general election { - : - }
{ + , + }
{ - (a) - } the names of candidates who are opposed for
nomination or election to the Supreme Court, Court of Appeals,
Oregon Tax Court and circuit court shall be printed on the ballot
before the names of candidates for those offices who are
unopposed { - ; and - }
{ - (b) The word 'incumbent' shall follow the name of each
candidate for the Supreme Court, Court of Appeals, Oregon Tax
Court or circuit court who is designated the incumbent by the
Secretary of State under ORS 254.085 - } .
SECTION 52. ORS 254.135 is amended to read:
254.135. (1) The official general or special election ballot or
ballot label shall be styled 'Official Ballot' and shall state:
(a) The name of the county for which it is intended.
(b) The date of the election.
(c) The names of all candidates for offices to be filled at the
election whose nominations have been made and accepted and who
have not died, withdrawn or become disqualified. The ballot or
ballot label shall not contain the name of any other person.
(d) The number, ballot title and financial estimates under ORS
250.125 of any measure to be voted on at the election.
(2) If the election is conducted at polling places as provided
in this chapter, any ballot to be issued at a polling place shall
also state the number or name of the precinct for which it is
intended.
(3) The names of candidates for President and Vice President of
the United States shall be printed in groups together, under
their political party designations. The names of the electors
shall not be printed on the general election ballot. A vote for
the candidates for President and Vice President shall be a vote
for the group of presidential electors supporting those
candidates and selected as provided by law. The general election
ballot shall state that electors of President and Vice President
are being elected and that a vote for the candidates for
President and Vice President shall be a vote for the electors
supporting those candidates.
(4)(a) The name of each candidate nominated shall be printed
upon the ballot or ballot label in but one place, without regard
to how many times the candidate may have been nominated. The name
of a political party shall be added opposite the name of a
candidate for other than nonpartisan office according to the
following rules:
(A) For a candidate not affiliated with a political party who
is nominated by a minor political party, the name of the minor
political party shall be added opposite the name of the
candidate;
(B) For a candidate not affiliated with a political party who
is nominated by more than one minor political party, the name of
the minor political party selected by the candidate shall be
added opposite the name of the candidate;
(C) For a candidate who is a member of a political party who is
nominated by a political party of which the candidate is not a
member, the name of the political party that nominated the
candidate shall be added opposite the name of the candidate;
(D) For a candidate who is a member of a political party who is
nominated by more than one political party of which the candidate
is not a member, the name of the political party selected by the
candidate shall be added opposite the name of the candidate; and
(E) For a candidate who is nominated by a political party of
which the candidate is a member, the name of the political party
of which the candidate is a member shall be added opposite the
name of the candidate.
(b) If a candidate is required to select the name of a
political party to be added on the ballot under paragraph (a) of
this subsection, the candidate shall notify the filing officer of
the selection not later than the 61st day before the day of the
election.
{ - (c) The word 'incumbent' shall follow the name of each
candidate for the Supreme Court, Court of Appeals, Oregon Tax
Court or circuit court who is designated the incumbent by the
Secretary of State under ORS 254.085. - }
{ + (c) The words 'not affiliated' shall follow the name of
each candidate who is not affiliated with a political party and
who is nominated by an assembly of electors or individual
electors. + }
(d) If two or more candidates for the same office have the same
or similar surnames, the location of their places of residence
shall be printed opposite their names to distinguish one from
another.
SECTION 53. ORS 254.545 is amended to read:
254.545. The county clerk:
(1) As soon as possible after any election, shall prepare
abstracts of votes. The abstract for election of Governor shall
be on a sheet separate from the abstracts for other offices and
measures.
(2) On completion of the abstracts, shall record a complete
summary of votes cast in the county for each office, candidate
for office and measure. The county clerk shall sign and certify
this record. { - After the primary election, the county clerk,
for each office for which the clerk is filing officer, shall
enter in a register of nominations the name and, if applicable,
major political party of each candidate nominated, the office for
which the candidate is nominated, and the date of entry. - }
(3) Not later than the 20th day after the election, shall
deliver a copy of the abstracts for other than county offices to
the appropriate elections officials. The abstract for election of
Governor shall be delivered separately to the Secretary of State
as provided in section 4, Article V, Oregon Constitution.
(4) Not later than the 30th day after the election, shall
proclaim which county measure is paramount, if two or more
approved county measures contain conflicting provisions.
(5) Shall prepare and deliver a certificate of nomination or
election to each candidate having the most votes for nomination
for or election to county or precinct offices.
(6) Shall prepare, and file with the county governing body, a
certificate stating the compensation to which the board clerks
are entitled. The county governing body shall order the
compensation paid by county funds.
SECTION 54. ORS 254.546 is amended to read:
254.546. (1) In the case of a recall election held on a date
other than the date of the primary election or general election,
the county clerk shall prepare an abstract of the votes and
deliver it to the { - appropriate officials - } { + elections
official authorized to order the recall election + } not later
than the 20th day after the election.
(2) { + Except as provided in subsection (3) of this
section, + } for purposes of section 18, Article II, Oregon
Constitution, the result of the recall election referred to in
subsection (1) of this section shall be considered officially
declared on the date the abstract of the votes is delivered.
{ + (3) If the elections official authorized to order the
recall election is the Secretary of State, the Secretary of State
shall officially declare the result of the election not later
than the 30th day after the election. + }
SECTION 55. ORS 44.510 is amended to read:
44.510. As used in ORS 44.510 to 44.540, unless the context
requires otherwise:
(1) 'Information' has its ordinary meaning and includes, but is
not limited to, any written, oral, pictorial or electronically
recorded news or other data.
(2) 'Medium of communication' has its ordinary meaning and
includes, but is not limited to, any newspaper, magazine or other
periodical, book, pamphlet, news service, wire service, news or
feature syndicate, broadcast station or network, or cable
television system. Any information which is a portion of a
governmental utterance made by an official or employee of
government within the scope of the official's or employee's
governmental function, or any political publication subject to
ORS 260.532 { - and 260.605 - } , is not included within the
meaning of ' medium of communication. '
(3) 'Processing' has its ordinary meaning and includes, but is
not limited to, the compiling, storing and editing of
information.
(4) 'Published information' means any information disseminated
to the public.
(5) 'Unpublished information' means any information not
disseminated to the public, whether or not related information
has been disseminated. 'Unpublished information' includes, but is
not limited to, all notes, outtakes, photographs, tapes or other
data of whatever sort not themselves disseminated to the public
through a medium of communication, whether or not published
information based upon or related to such material has been
disseminated.
SECTION 56. ORS 260.993 is amended to read:
260.993. (1) The penalty for violation of ORS 260.532 is
limited to that provided in ORS 260.532 (6) and (8).
(2) Violation of ORS 247.125, 247.171 (5), 247.420 (2),
253.710, 260.402, 260.555, 260.558, 260.575, { - 260.615, - }
260.645 { - , - } { + or + } 260.665 (2) or (3) involving any
action described in ORS 260.665 (2)(d) to (f) { - , - } { +
or + } 260.715 { - or 260.718 - } is a Class C felony.
(3) Violation of ORS 260.695 (4) is a Class A misdemeanor.
(4) Violation of ORS 247.171 (6) is a Class C misdemeanor.
SECTION 57. ORS 260.995 is amended to read:
260.995. (1) Except as provided in subsection (2) of this
section, following an investigation under ORS 260.345, the
Secretary of State or Attorney General may impose a civil penalty
not to exceed $250 for each violation of any provision of Oregon
Revised Statutes relating to the conduct of any election, any
rule adopted by the Secretary of State under ORS chapters 246 to
260 or any other matter preliminary to or relating to an
election, for which no penalty is otherwise provided.
(2) The Secretary of State or the Attorney General may impose a
civil penalty not to exceed $1,000 for each violation of ORS
251.049 (3) or 251.405 (3).
(3) Except as otherwise provided by this section, civil
penalties under this section shall be imposed as provided in ORS
183.090. In addition to the requirements of ORS 183.090, the
notice shall include:
(a) A statement of the authority and jurisdiction under which
the hearing is to be held; and
(b) If the person is an agency, corporation or an
unincorporated association, a statement that such person must be
represented by an attorney licensed in Oregon, unless the person
is a political committee which may be represented by any officer
identified in the most recent statement of organization filed
with the filing officer.
(4) A hearing on whether to impose a civil penalty and to
consider circumstances in mitigation shall be held by the
Secretary of State or Attorney General:
(a) Upon request of the person against whom the penalty may be
assessed, if the request is made not later than the 20th day
after the date the person received notice sent under subsection
(3) of this section; or
(b) Upon the Secretary of State's or Attorney General's own
motion.
(5) The person against whom a penalty may be assessed need not
appear in person at a hearing held under this section, but
instead may submit written testimony and other evidence, sworn to
before a notary public, to the Secretary of State or Attorney
General for entry in the hearing record. Such documents must be
received by the Secretary of State or Attorney General not later
than three business days before the day of the hearing.
(6) All hearings under this section shall be held not later
than 30 days after the deadline for the person against whom the
penalty may be assessed to request a hearing. However, if
requested by the person against whom the penalty may be assessed,
a hearing under subsection (4) of this section shall be held not
later than 45 days after the deadline for the person against whom
the penalty may be assessed to request a hearing.
(7) The Secretary of State or Attorney General shall issue an
order not later than 90 days after a hearing or after the
deadline for requesting a hearing if no hearing is held.
(8) { - Except as provided in this subsection, - } All
penalties recovered under this section shall be paid into the
State Treasury and credited to the General Fund. { - A penalty
that is recovered from a person who violated ORS 260.432 (1) or
from a public employee who violated ORS 260.432 (2) shall be
remitted as follows: - }
{ - (a) If the public employee involved is an employee of the
state or any of its agencies or institutions, the penalty shall
be paid into the State Treasury and credited to the General
Fund. - }
{ - (b) If the public employee involved is an employee of a
city, county or other political subdivision, the penalty shall be
paid to the city, county or other political subdivision. - }
SECTION 58. ORS 246.310 is amended to read:
246.310. (1) Not later than the 30th day before the primary
election:
(a) The county clerk shall appoint persons to serve on election
boards. There shall be at least one election board for each
polling place. { - If the poll book of a precinct is divided
into two or more separate parts as provided in ORS 254.226, the
county clerk may appoint an election board for each separate
part. - }
(b) The county clerk may appoint more than one election board
for any precinct in which 100 or more ballots were cast at the
last general election or in which there are more than 200
electors.
(2) The election board shall consist of a day board to issue
ballots and may include a counting board to count ballots. A day
board shall consist of three or more clerks. A counting board
shall consist of four or more clerks. No election board clerk
shall serve on the day board and the counting board at the same
time. The county clerk shall designate one clerk of each day
board and one clerk of each counting board as chairperson.
(3) The county clerk shall appoint the election board clerks
for a term of two years. The county clerk may withdraw the
appointment of a clerk at any time. Clerks may be reappointed for
more than one term.
(4) Except as provided in this subsection, an election board
clerk shall be an elector of the county, shall be able to read,
write and speak English and shall not serve at a polling place in
an electoral district in which the election board clerk is a
candidate for any office, except precinct committeeperson, to be
voted on in that election. The clerks of a day board or a
counting board shall not all be members of the same political
party. The Secretary of State shall adopt by rule standards under
which county clerks may employ persons to serve as election board
clerks who are not electors of the county but who are residents
of the county and who are at least 16 years of age. A person who
is the spouse, child, son or daughter-in-law, parent, mother or
father-in-law, sibling, brother or sister-in-law, aunt, uncle,
niece, nephew, stepparent or stepchild of a candidate on the
ballot at an election shall not serve as election board clerk at
a polling place where the candidate may be voted on, unless the
candidate is a candidate for precinct committeeperson and is the
only such relative who is a candidate on the ballot in the same
election. The county clerk shall appoint board clerks who have
the necessary capacity and ability to carry out their functions
with sufficient skill and dispatch.
(5) In the event of a vacancy in the office of board clerk, the
county clerk shall appoint a qualified person to fill the
vacancy.
SECTION 59. ORS 250.041 is amended to read:
250.041. ORS 250.005 to { - 250.037 - } { + 250.038 + }
apply to the exercise of initiative or referendum powers:
(1) Regarding a county measure, regardless of anything to the
contrary in the county charter or ordinance.
(2) Regarding a city measure, regardless of anything to the
contrary in the city charter or ordinance.
SECTION 60. ORS 254.462 is amended to read:
254.462. ORS 254.465, 254.470, 254.472 { + , + } { - and - }
254.476 { + , 254.480 and 254.482 + } apply only to elections
conducted by mail.
SECTION 61. ORS 254.482 is amended to read:
254.482. { - (1) This section applies only to elections
conducted by mail. - }
{ - (2) - } After the date that ballots are mailed as
provided in ORS 254.470, the county clerk, if requested, shall
permit authorized persons to be at the office of the county clerk
to watch the receiving and counting of votes. The authorization
shall be in writing, shall be signed by an officer or its county
affiliate of a political party, a candidate or the county clerk
and shall be filed with the county clerk. The county clerk shall
permit only so many persons as watchers under this
{ - subsection - } { + section + } as will not interfere with
an orderly procedure at the office of the county clerk.
SECTION 62. ORS 254.515 is amended to read:
254.515. Ballots marked 'Presidential only' { - or 'federal
offices only' shall - } { + may + } be counted only for the
offices { - or measures - } that the elector is entitled to
vote. Votes on the ballot for other offices { - or measures
shall - } { + may + } not be counted.
SECTION 63. ORS 260.076 is amended to read:
260.076. (1) A legislative official, statewide official or
candidate therefor, or the official's or candidate's principal
campaign committee, shall file statements showing contributions
received by or on behalf of the official, candidate or committee
during the period beginning { - January 1 immediately preceding
a regular biennial session of the Legislative Assembly - }
{ + on the second Monday in January of each odd-numbered
year + } and ending upon adjournment of the regular biennial
session of the Legislative Assembly, or during any special
session of the Legislative Assembly.
(2) The Governor, Governor-elect or a candidate for Governor,
or the principal campaign committee of the Governor,
Governor-elect or candidate, shall file statements showing
contributions received by or on behalf of the Governor,
Governor-elect, candidate or committee during the period
beginning
{ - January 1 immediately preceding a regular biennial session
of the Legislative Assembly - } { + on the second Monday in
January of each odd-numbered year + } and ending 30
{ - business - } { + calendar + } days following adjournment
of the regular biennial session of the Legislative Assembly, or
during any special session of the Legislative Assembly.
(3) A person or political committee affiliated with a political
party, caucus of either house of the Legislative Assembly,
legislative official, statewide official or the Governor,
Governor-elect or candidate for Governor shall file statements
showing contributions received by the person or committee on
behalf of a legislative official, statewide official or candidate
therefor, during the period beginning { - January 1 immediately
preceding a regular biennial session of the Legislative
Assembly - } { + on the second Monday in January of each
odd-numbered year + } and ending upon adjournment of the regular
biennial session of the Legislative Assembly, or during any
special session of the Legislative Assembly.
(4) A person or political committee affiliated with a political
party, caucus of either house of the Legislative Assembly,
legislative official, statewide official or the Governor,
Governor-elect or candidate for Governor shall file statements
showing contributions received by the person or committee on
behalf of the Governor, Governor-elect or candidate for Governor,
during the period beginning { - January 1 immediately preceding
a regular biennial session of the Legislative Assembly - }
{ + on the second Monday in January of each odd-numbered
year + } and ending 30 { - business - } { + calendar + } days
following adjournment of the regular biennial session of the
Legislative Assembly, or during any special session of the
Legislative Assembly.
(5) A statement described in subsections (1) to (4) of this
section shall be filed { + with the Secretary of State + } not
later than two business days after the date a contribution is
received. A statement shall be filed on a form prescribed by the
Secretary of State.
(6) If a statement has been filed under subsections (1) to (4)
of this section, the next statement filed by the Governor,
Governor-elect, official, candidate, principal campaign committee
or other political committee under ORS 260.058, 260.063, 260.068
or 260.073 shall include the contributions reported in statements
filed under this section.
(7) This section applies notwithstanding the filing of a
certificate under ORS 260.112.
(8) As used in this section:
(a) 'Legislative official' means any member or member-elect of
the Legislative Assembly.
(b) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, Superintendent of Public Instruction or
Superintendent-elect of Public Instruction, Attorney General or
Attorney General-elect and the Commissioner of the Bureau of
Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.
SECTION 64. ORS 260.102 is amended to read:
260.102. { + (1) + } A person who receives or expends money or
any other thing of value, after the date of an election, for the
purpose of reducing an expenditure deficit shown by a statement
of contributions and expenditures filed by a candidate or
treasurer, and who is not the candidate or treasurer and does not
receive or expend the money or other thing of value through the
candidate or treasurer, shall file with the filing officer a
statement showing the source of all money or other things of
value so received or expended.
{ + (2) + } The statement shall list the name, occupation and
address of each person, or the name, address and primary nature
of each political committee, who contributed an aggregate amount
of more than { - $100 - } { + $200 + } on behalf of a
candidate for statewide office or regarding a { - statewide - }
{ + state + } measure { - , or more than $50 on behalf of a
candidate for other than statewide office or regarding a measure
other than a statewide measure - } . The statement may list as a
single item the total amount of other contributions, but shall
specify how those contributions were obtained.
{ + (3) + } The statement shall be signed and certified as
true by the person required to file it or by the person's
authorized representative. As used in this section, 'address'
includes street number and name, rural route number or
post-office box, and city and state.
SECTION 65. ORS 260.205 is amended to read:
260.205. (1) Except as provided in this subsection, a filing
officer shall inspect each statement filed under ORS 260.058,
260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118
not later than the 10th business day after the filing deadline or
the 10th business day after the statement is filed, whichever is
later. The statement required under ORS 260.068 (1)(d) and
260.073 (1)(d) shall be inspected not later than the 30th
business day after the filing deadline or the 30th business day
after the statement is filed, whichever is later. This subsection
does not apply to statements required under ORS 260.058 (1)(c)
{ - and (2) - } , 260.063 (1)(c) { - and (2) - } , 260.068
(1)(c) and { - (3) - } { + (2) + } and 260.073 (1)(c) and
{ - (3) - } { + (2) + }.
(2) A filing officer immediately shall notify a person required
to file a statement with the filing officer under ORS 260.058,
260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118
if:
(a) Upon examination of relevant materials, it appears to the
filing officer that the person has failed to file a required
statement or that a statement filed with the filing officer by
the person is insufficient; or
(b) A complaint is filed with the filing officer under
subsection (3) of this section.
(3) An elector may file with a filing officer a complaint that
a statement filed with the filing officer is insufficient or that
a person has failed to file a required statement. The complaint
shall be in writing, shall state in detail the reasons for
complaint and shall be filed with the filing officer not later
than the 90th day after the date the statement of which it
complains is filed or should have been filed.
SECTION 66. ORS 254.470 is amended to read:
254.470. (1) An election by mail shall be conducted as provided
in this section. The Secretary of State may adopt rules governing
the procedures for conducting an election by mail.
(2) The Secretary of State by rule shall establish requirements
and criteria for the designation of places of deposit for the
ballots cast in the election. The rules shall also specify the
dates and times the places of deposit must be open and the
security requirements for the places of deposit. At a minimum,
the places designated under this section shall be open on the
date of the election for a period of eight or more hours, but
must be open until at least 8 p.m. At each place of deposit
designated under this section, the county clerk shall prominently
display a sign stating that the location is an official ballot
drop site.
(3)(a) Except as provided in paragraphs (b), (c) and (d) of
this subsection, the county clerk shall mail by nonforwardable
mail an official ballot with a return identification envelope and
a secrecy envelope not sooner than the { - 18th - }
{ + 14th + } day before the date of an election conducted by
mail and not later than the
{ - 14th - } { + 10th + } day before the date of the
election, to each active elector of the electoral district as of
the 21st day before the date of the election.
(b) Notwithstanding paragraph (a) of this subsection, if the
county clerk determines that an active elector of the electoral
district as of the 21st day before the date of the election does
not receive daily mail service from the United States Postal
Service, the county clerk shall mail by nonforwardable mail an
official ballot with a return identification envelope and a
secrecy envelope to the elector not sooner than the 20th day
before the date of an election conducted by mail and not later
than the 18th day before the date of the election.
(c) Notwithstanding paragraph (a) of this subsection, the
Secretary of State by rule shall specify the date on which all
ballots shall be mailed for any state election conducted by mail
under ORS 254.465 (2).
(d) Notwithstanding paragraph (a) of this subsection, in the
case of ballots to be mailed to addresses outside this state to
electors who are not long-term absent electors, the county clerk
may mail the ballots not sooner than the 29th day before the date
of the election.
(4) For an election held on the date of a primary election:
(a) The county clerk shall mail the official ballot of a major
political party to each elector who is registered as being
affiliated with the major political party as of the 21st day
before the date of the election.
(b) An elector not affiliated with any political party shall be
mailed the ballot of a major political party in whose primary
election the elector wishes to vote if the elector has applied
for the ballot as provided in this subsection and that party has
provided under ORS 254.365 for a primary election that admits
electors not affiliated with any political party.
(c) An elector not affiliated with any political party who
wishes to vote in the primary election of a major political party
shall apply to the county clerk in writing. Except for electors
described in subsection (5) of this section, and subject to ORS
247.203, the application must be received by the county clerk not
later than 5 p.m. of the 21st day before the date of the
election.
(d) If the primary election ballot includes city, county or
nonpartisan offices or measures, an elector not eligible to vote
for party candidates shall be mailed a ballot limited to those
offices and measures for which the elector is eligible to vote.
(5) For each elector who updates a voter registration after the
deadline in ORS 247.025, the county clerk shall make the official
ballot, the return identification envelope and the secrecy
envelope available either by mail or at the county clerk's office
or at another place designated by the county clerk. An elector to
whom this subsection applies must request a ballot from the
county clerk.
(6) The ballot or ballot label shall contain the following
warning:
_________________________________________________________________
Any person who, by use of force or other means, unduly
influences an elector to vote in any particular manner or to
refrain from voting, is subject, upon conviction, to imprisonment
or to a fine, or both.
_________________________________________________________________
(7) Upon receipt of any ballot described in this section, the
elector shall mark the ballot, sign the return identification
envelope supplied with the ballot and comply with the
instructions provided with the ballot. The elector may return the
marked ballot to the county clerk by United States mail or by
depositing the ballot at the office of the county clerk, at any
place of deposit designated by the county clerk or at any
location described in ORS 254.472 or 254.474. The ballot must be
returned in the return identification envelope. If the elector
returns the ballot by mail, the elector must provide the postage.
A ballot must be received at the office of the county clerk, the
designated place of deposit or at any location described in ORS
254.472 or 254.474 not later than the end of the period
determined under subsection (2) of this section on the date of
the election.
(8) An elector may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost or not received by the elector.
Replacement ballots shall be issued and processed as described in
this section and ORS 254.480. The county clerk shall keep a
record of each replacement ballot provided under this subsection.
Notwithstanding any deadline for mailing ballots in subsection
(3) or (4) of this section, a replacement ballot may be mailed,
made available in the office of the county clerk or made
available at one central location in the electoral district in
which the election is conducted. The county clerk shall designate
the central location. A replacement ballot need not be mailed
after the fifth day before the date of the election.
(9) A ballot shall be counted only if:
(a) It is returned in the return identification envelope;
(b) The envelope is signed by the elector to whom the ballot is
issued; and
(c) The signature is verified as provided in subsection (10) of
this section.
(10) The county clerk shall verify the signature of each
elector on the return identification envelope with the signature
on the elector's registration card, according to the procedure
provided by rules adopted by the Secretary of State. If the
county clerk determines that an elector to whom a replacement
ballot has been issued has voted more than once, the county clerk
shall count only one ballot cast by that elector.
(11) At 8 p.m. on election day { - , - } { + :
(a) + } Electors who are at the county clerk's office, a site
designated under subsection (2) of this section or any location
described in ORS 254.472 or 254.474 and who are in line waiting
to vote or deposit a voted ballot shall be considered to have
begun the act of voting { + ; and
(b) The county clerk or an elections official designated by the
county clerk shall designate the end of the line at each location
described in paragraph (a) of this subsection + }.
SECTION 67. ORS 249.865 is amended to read:
249.865. (1) Pursuant to section 18, Article II of the Oregon
Constitution, an elector of the electoral district from which the
public officer is elected may file a petition demanding the
recall of the public officer. Before the petition is circulated
for signatures, the chief petitioner of the petition shall file
with the officer authorized to order the recall election:
(a) A copy of the prospective petition signed by the chief
petitioner;
(b) A statement of organization conforming to ORS 260.042
{ - of the political committee the chief petitioner represents,
if any - } ; and
(c) A statement conforming to ORS 260.083 of contributions
received and expenditures made by or on behalf of the chief
petitioner and political committee the chief petitioner
represents, if any, to the date of filing the prospective
petition.
(2) The chief petitioner shall include with the prospective
petition a statement declaring whether one or more persons will
be paid money or other valuable consideration for obtaining
signatures of electors on the recall petition. After the
prospective petition is filed, the chief petitioner shall notify
the filing officer not later than the 10th day after the chief
petitioner first has knowledge or should have had knowledge that:
(a) Any person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that no
such person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that
one or more such persons would be paid.
(3) Each sheet of the recall petition shall contain:
(a) The words 'Petition for recall of,' (name and title of
officer) and the date of the filing under subsection (1) of this
section; and
(b) The name and address of the treasurer { - of the
political committee the chief petitioner represents, or if there
is not a political committee, the name and address of the chief
petitioner - } { + listed on the statement of organization
filed under subsection (1) of this section + }.
(4) Not more than 20 signatures on each sheet of the recall
petition shall be counted. The circulator shall certify on each
signature sheet that the individuals signed the sheet in the
presence of the circulator and that the circulator believes each
individual is an elector.
(5) Any intentional or willful violation of subsection (1) or
(2) of this section by a chief petitioner of the recall petition
or by the treasurer { - of the political committee the chief
petitioner represents, if any, - } { + listed on the statement
of organization filed under subsection (1) of this section + }
shall invalidate the prospective petition before it is circulated
for signatures.
{ + (6) Any change in the information submitted in a
statement of organization under subsection (1) of this section
shall be indicated in an amended certification or an amended
statement of organization filed not later than the 10th day after
the change in information. + }
SECTION 68. Section 8, chapter 824, Oregon Laws 1999, is
amended to read:
{ + Sec. 8. + } (1) Prior to January 1, { - 2004 - } { +
2006 + }, the Secretary of State may waive the requirement that a
candidate, political committee or chief petitioner file
statements in an electronic format under { - section 7 (1) of
this 1999 Act - } { + 260.159 (1) + } if the secretary
determines that the requirement is impracticable or creates an
undue hardship. A waiver granted under this section shall not
extend beyond January 1, { - 2004 - } { + 2006 + }.
(2) This section is repealed January 1, { - 2004 - } { +
2006 + }.
SECTION 69. ORS 260.083 is amended to read:
260.083. (1) A statement filed under ORS 260.058, 260.063,
260.068, 260.073, 260.076 or 260.118 shall list:
(a) Under contributions, all contributions received { - .
Except as provided in ORS 260.085, the statement shall list - }
{ + , including:
(A) Except as provided in ORS 260.085, + } the name, occupation
and address of each person, and the name and address of each
political committee, that contributed an aggregate amount
{ - of more than $50 - } { + exceeding $200 + } on behalf of a
candidate or to a political committee and the total amount
contributed by that person or political committee { - . - }
{ + ;
(B) The name and city and state of residence of each person
that contributed an aggregate amount exceeding $50 but not
exceeding $200 and the total amount contributed by that person;
and + } { - The statement may list - }
{ + (C) + } As a single item { + , + } the total amount of
other contributions, but shall specify how those contributions
were obtained.
(b) Under expenditures, all expenditures made, showing the name
of the payee and the amount and purpose of each.
(c) Separately, all contributions made by the candidate or
political committee.
(d) All loans, whether repaid or not, made to the candidate or
political committee. The statement shall list the name and
address of each person shown as a cosigner or guarantor on a loan
and the amount of the obligation undertaken by each cosigner or
guarantor. The statement also shall list the name of the lender
holding the loan.
(2) If an expenditure in an amount exceeding $50 is a
prepayment or a deposit made in consideration for any services,
supplies, equipment or other thing of value to be performed or
furnished at a future date, that portion of the deposit that has
been expended during the { - reporting - } { + accounting + }
period shall be listed as an expenditure and the unexpended
portion of the deposit shall be listed as an account receivable.
(3) Anything of value paid for or contributed by any person
shall be listed { + in a statement described in subsection (1)
of this section + } as both an in-kind contribution and an
expenditure by the candidate or committee for whose benefit the
payment or contribution was made. { + The statement shall list:
(a) The name and address of each person, and the name and
address of each political committee, that made an in-kind
contribution in an aggregate amount exceeding $200;
(b) The name and city and state of residence of each person
that made an in-kind contribution in an aggregate amount
exceeding $50 but not exceeding $200; and
(c) As a single item, the total amount of other in-kind
contributions, but shall specify how those contributions were
obtained. + }
(4) If a candidate, political committee or chief petitioner
under ORS 260.118 makes an expenditure that must be reported as
an in-kind contribution and an expenditure as provided in
subsection (3) of this section, the candidate or political
committee making the original expenditure shall, in any statement
filed under ORS 260.058, 260.063, 260.068, 260.073 or 260.118,
identify the expenditure as an in-kind contribution and identify
the candidate or political committee for whose benefit the
expenditure was made.
(5) Except as provided in subsection (8) of this section,
expenditures made by an agent of a candidate or political
committee on behalf of the candidate or committee shall be
reported in the same manner as if the expenditures had been made
by the candidate or political committee.
(6) If a political committee makes an expenditure that
qualifies as an independent expenditure under ORS 260.005 (8),
the listing of the expenditure under this section shall identify
the candidate or candidates who are the subject of the
independent expenditure and state whether the independent
expenditure was used to advocate the election or defeat of the
candidate or candidates.
(7) If a candidate, political committee, chief petitioner under
ORS 260.118 or an agent of a candidate, political committee or
chief petitioner makes an expenditure for the purpose of paying
any person money or other valuable consideration for obtaining
signatures on an initiative, referendum or recall petition, the
statement described in { + subsection (1) of + } this section
shall list the total amount paid by the candidate, political
committee, chief petitioner or agent for the purpose of obtaining
signatures. The statement is not required to list the name or
address of any person as payee or the amount paid to any person.
(8)(a) A vendor who enters into a contract with a candidate or
political committee to prepare or produce brochures, mailings,
polls, other opinion research or television, radio or newspaper
advertising, or to provide mail handling and postage, shall not
be considered an agent of the candidate or political committee
for purposes of subsection (5) of this section. The Secretary of
State by rule may designate other specific products or services
that would qualify a vendor for an exemption from reporting under
this subsection.
(b) Nothing in this section { - shall require - }
{ + requires + } a vendor described in this subsection to
disclose the vendor's internal or subcontracting costs for
providing the specific product or service under paragraph (a) of
this subsection.
(9) As used in this section, 'address' shall have the meaning
given that term in rules adopted by the Secretary of State.
SECTION 70. ORS 260.156 is amended to read:
260.156. (1) The Secretary of State may adopt rules for the
manner of determining and reporting expenditures and
contributions under this chapter, including but not limited to
rules for allocation of contributions and expenditures { - and
for determination of fair market value of contributions other
than money - } . Rules adopted under this section shall provide
for proportional reporting of expenditures and contributions that
benefit more than one candidate or political committee.
(2) The { - valuation or - } allocation of any contribution
or expenditure under a rule adopted by the Secretary of State
before the contribution or expenditure was made or, if it is a
continuing contribution or expenditure, the { - valuation
or - } allocation of that part available to and used on behalf
of the candidate after the adoption of the rule, shall be
presumed to be the { - fair market value or - } allocation of
it.
SECTION 71. If House Bill 2825 becomes law, section 3, chapter
___, Oregon Laws 2003 (Enrolled House Bill 2825), is amended to
read:
{ + Sec. 3. + } (1) ORS 250.065 governs the preparation of a
ballot title for the measure described in section 1 { - of this
2003 Act - } { + , chapter ___, Oregon Laws 2003 (Enrolled House
Bill 2825) + }, except that:
(a) The Secretary of State shall send two copies of the
prospective petition for the state measure to be referred to the
Attorney General on the next business day after the prospective
petition is filed with the secretary; and
(b) The Attorney General shall file a draft ballot title for
the measure with the Secretary of State not later than the fifth
business day after receiving copies of the prospective petition
for the state measure to be referred.
(2) ORS 250.067 applies to a ballot title prepared under this
section, except that the Secretary of State by rule shall:
(a) Establish a deadline for submitting written comments
concerning the draft ballot title; and
(b) Establish a deadline for the Attorney General to certify to
the Secretary of State either the draft ballot title or a revised
ballot title.
(3) ORS 250.085 { - does not apply - } { + applies + } to a
ballot title prepared under this section. { - The ballot title
prepared under this section shall be the ballot title printed in
the voters' pamphlet and as provided in section 8 of this 2003
Act. - }
SECTION 72. If House Bill 2825 becomes law, section 4, chapter
___, Oregon Laws 2003 (Enrolled House Bill 2825), is amended to
read:
{ + Sec. 4. + } (1) The financial estimate for the measure
described in section 1 { - of this 2003 Act - } { + , chapter
___, Oregon Laws 2003 (Enrolled House Bill 2825), + } shall be
prepared according to ORS 250.125 and 250.127, except that:
(a) The officials named in ORS 250.125 may begin preparation of
the estimate described in ORS 250.125 on the date that a
prospective petition for the state measure to be referred is
filed with the Secretary of State; and
(b) The Secretary of State by rule shall:
(A) Establish a deadline for filing the estimate described in
ORS 250.125;
(B) Provide for a public hearing on the estimate;
(C) Establish a deadline for filing any revised estimate;
(D) Establish a deadline for certification of the estimate; and
(E) Establish a deadline for preparation, filing and
certification of the estimate by the Secretary of State if three
of the officials named in ORS 250.125 do not approve the
estimate.
(2) ORS 250.131 { - does not apply - } { + applies + } to
the financial estimate prepared under this section. { - The
financial estimate prepared under this section shall be the
financial estimate printed in the voters' pamphlet and as
provided in section 8 of this 2003 Act. - }
SECTION 73. If House Bill 2825 becomes law, section 5, chapter
___, Oregon Laws 2003 (Enrolled House Bill 2825), is amended to
read:
{ + Sec. 5. + } (1) ORS 251.205 and 251.215 apply to the
preparation of the explanatory statement for the measure
described in section 1 { - of this 2003 Act - } { + , chapter
___, Oregon Laws 2003 (Enrolled House Bill 2825) + }, except
that:
(a) The processes for preparing the explanatory statement may
begin on the date that a prospective petition for the state
measure to be referred is filed with the Secretary of State; and
(b) The Secretary of State by rule shall establish a deadline
for selection of members of a committee to prepare the
explanatory statement, provide for a public hearing on the
statement and establish deadlines for filing the statement and
any revised statement. The members of the committee shall be
selected in the manner provided in ORS 251.205.
(2) Notwithstanding ORS 251.225, if an explanatory statement is
not filed by a committee under ORS 251.215, the Legislative
Counsel Committee shall prepare an impartial, simple and
understandable statement of not more than 500 words explaining
the measure. The statement of the Legislative Counsel Committee
shall be the explanatory statement of the measure. The Secretary
of State by rule shall establish a deadline for filing a
statement under this subsection. The process for preparing the
explanatory statement under this subsection may begin on the date
that a prospective petition for the state measure to be referred
is filed with the Secretary of State.
(3) ORS 251.235 { - does not apply - } { + applies + } to
an explanatory statement prepared under this section. { - The
explanatory statement prepared under this section shall be the
explanatory statement printed in the voters' pamphlet. - }
(4) For purposes of this section, the election described in ORS
251.205 and 251.215 is the special election held on the date
specified in section 1 { - of this 2003 Act - } { + , chapter
___, Oregon Laws 2003 (Enrolled House Bill 2825) + }.
SECTION 74. { + ORS 254.413 and 254.482 are added to and made
a part of ORS chapter 254. + }
SECTION 75. { + ORS 260.076 is added to and made a part of ORS
260.035 to 260.156. + }
SECTION 76. { + ORS 249.015, 251.069, 260.174, 260.605,
260.615, 260.625, 260.655 and 260.718 are repealed. + }
SECTION 77. { + (1) The amendments to ORS 246.910 by section
33 of this 2003 Act apply to appeals of orders of the Secretary
of State that are served on or after the operative date specified
in section 79 of this 2003 Act.
(2) The amendments to ORS 246.179 by section 16 of this 2003
Act apply to the expenses of a special election on a state
measure held on or after the operative date specified in section
79 of this 2003 Act.
(3) The amendments to ORS 249.865 by section 67 of this 2003
Act apply to recall petitions filed on or after the operative
date specified in section 79 of this 2003 Act.
(4) The amendments to ORS 249.037 and 249.722 by sections 40
and 41 of this 2003 Act:
(a) Apply to any nominating petition, declaration of candidacy
or certificate of nomination filed on or after the operative date
specified in section 79 of this 2003 Act.
(b) Do not apply to any nominating petition, declaration of
candidacy or certificate of nomination filed before the operative
date specified in section 79 of this 2003 Act.
(5) The amendments to ORS 249.720 by section 42 of this 2003
Act apply to certificates of nomination filed on or after the
operative date specified in section 79 of this 2003 Act.
(6) The amendments to ORS 260.995 by section 57 of this 2003
Act apply to civil penalties imposed on or after the operative
date specified in section 79 of this 2003 Act.
(7) The repeal of ORS 249.015, 260.174, 260.605, 260.615,
260.625, 260.655 and 260.718 by section 76 of this 2003 Act and
the amendments to ORS 260.993 by section 56 of this 2003 Act do
not relieve a person of any obligation with respect to a fine,
civil penalty or other liability, duty or obligation accruing
under ORS 249.015, 260.174, 260.605, 260.615, 260.625, 260.655
and 260.718. + }
SECTION 78. { + (1) The amendments to ORS 260.058, 260.063,
260.068, 260.073, 260.112 and 260.118 by sections 22 to 25, 28
and 29 of this 2003 Act apply to contributions received and
expenditures made before, on or after the operative date
specified in section 79 of this 2003 Act and required to be
reported on statements filed on or after the operative date
specified in section 79 of this 2003 Act.
(2) Section 19 of this 2003 Act and the amendments to ORS
260.039 and 260.042 by sections 17 and 20 of this 2003 Act apply
to statements of organization filed before, on or after the
operative date specified in section 79 of this 2003 Act.
(3) The amendments to ORS 260.255 by section 31 of this 2003
Act apply to summaries prepared for elections held on or after
the operative date specified in section 79 of this 2003 Act.
(4) The amendments to ORS 260.083 and 260.232 by sections 30
and 69 of this 2003 Act apply to statements filed on or after the
operative date specified in section 79 of this 2003 Act.
(5) The amendments to ORS 260.085 by section 27 of this 2003
Act apply to contributions that are received on or after the
operative date specified in section 79 of this 2003 Act and to
statements of contributions received and expenditures made that
are filed on or after the operative date specified in section 79
of this 2003 Act.
(6) The amendments to ORS 260.735 by section 32 of this 2003
Act apply to slate mailers produced on or after the operative
date specified in section 79 of this 2003 Act. + }
SECTION 79. { + Sections 19, 74 and 75 of this 2003 Act, the
amendments to statutes and session law by sections 1 to 12, 15 to
17, 20 to 33 and 35 to 70 of this 2003 Act and the repeal of
249.015, 251.069, 260.174, 260.605, 260.615, 260.625, 260.655 and
260.718 by section 76 of this 2003 Act become operative January
1, 2004. + }
SECTION 80. { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect on
its passage. + }
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